Amoco Oil Co. v. Borden, Inc.
United States Court of Appeals for the Fifth Circuit
889 F.2d 664 (5th Cir. 1989)
Relevant factsFree
Amoco (plaintiff) bought land later found contaminated with radioactive phosphogypsum from Borden's (defendant) former fertilizer plant and incurred cleanup costs; the district court found insufficient contamination under one applicable federal uranium standard, but Amoco argued on appeal that a separate federal radium standard was violated instead.
IssueFree
Whether a plaintiff who has incurred costs in response to the release of a hazardous substance meets the liability requirement under CERCLA as a matter of law if it shows that the release violates any applicable state or federal standard, including the most stringent.