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Environmental

Sep. 9, 2003

Judge Holds Trailer-Park Cleanup Is Not Up to Snuff

Focus Column - Environmental Law - By William D. Wick - The Carson Harbor Village Mobile Home Park should be renamed the "Perils for CERCLA Plaintiffs Mobile Home Park." The trailer park is enshrined in the 9th U.S. Circuit Court of Appeals' opinion holding that passive migration of contaminants through soil generally does not constitute "disposal" under the Comprehensive Environmental Response, Compensation and Liability Act. Carson Harbor Village Ltd. v. Unocal Corp. , 270 F.3d 863 (9th Cir. 2001), cert. denied sub nom., Carson Harbor Village Ltd. v. Braley, 535 U.S. 971 (2002).

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