Cannon v. Gates’s Empirical Analysis
538 F.3d 1328 · 2008
Citation profile
2 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2023
2 federal appellate · 2 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 10 U.S.C. § 2701 (Prompt and Fast Act) · 42 U.S.C. § 5121 (Community Disaster Resilience Zones Act of 2022) · 42 U.S.C. § 6972 · 42 U.S.C. § 9601 (§ 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9604 (§ 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9606 (§ 106 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) · 5 U.S.C. § 706
Relies on Costner v. URS Consultants, Inc. · Boarhead Corp. v. Erickson · Alabama v. United States Environmental Protection Agency · McClellan Ecological Seepage Situation v. Perry · United States v. Colorado
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] lawsuit challenges a removal action if it 'calls into question' " the removal plan. Cannon v. Gates , 538 F.3d 1328 , 1335 (10th Cir. 2008) (citation omitted). Put in more concrete terms, "a suit challenges a removal action if it 'interferes with the implementation of a CERCLA remedy' because 'the relief requested will impact the [removal] action selected.' " 11 Id. (alteration in original) (quoting Broward Gardens Tenants Ass'n v. EPA , 311 F.3d 1066 , 1072 (11th Cir. 2002) ); see also Costner v. URS Consultants, Inc. , 153 F.3d 667 , 675 (8th Cir. 1998) (indicating that a lawsuit is not a "challenge”
3 later decisions quote this exact passage · from the majority“Except as provided in subsection (b) or (c) of this section, any person may commence a civil action on his own behalf ... (B) against any person, including the United States and any other governmental instrumentality or agency ... who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment.”
2 later decisions quote this exact passage · from the majority“deems necessary to protect the public health or welfare or the environment”
2 later decisions 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.