Asarco LLC v. Cemex, Inc.’s Empirical Analysis
2014
Citation profile
1 federal appellate ·
Relationships
Applies 33 U.S.C. § 1321 · 42 U.S.C. § 6903 · 42 U.S.C. § 9601 (§ 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9605 (§ 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9607 (§ 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9613 (§ 113 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980)
Relies on New York v. Shore Realty Corp. · United States v. Atlantic Research Corp. · United States v. Monsanto Co. · United States v. Alcan Aluminum Corp. · Amoco Oil Company v. Borden Inc
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he phrase “from which there is a release ...” omits a comma after “threatened release” — suggesting that the clause is restrictive — while simultaneously using the word “which” — suggesting that the clause is nonrestrictive. That is, the missing comma implies that a person can be held liable for an actual release even when that release does not “cause the incurrence of response costs,” while the word “which” suggests just the opposite.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.