Coppola v. Smith’s Empirical Analysis
2013
Citation profile
Relationships
Applies 42 U.S.C. § 9601 (§ 101 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. § 9614 (§ 114 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) · 42 U.S.C. § 9658 (§ 309 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980)
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · United States v. Bestfoods · Max Lopez Jr v. Ga Smith Larry Loo a Acevedo Patterson 4a-2r · Lee v. City of Los Angeles
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In their opposition, Coppola explains that Cal Water pumped contaminated water and that the pumping process caused the spreading and movement of contaminated water. This explanation identifies the nature of the operation and identifies activity that appears to be beyond a natural and passive movement. The explanation suggests that the contaminated water moved to uncontaminated areas because of the pumping process, not because of the Well’s mere presence or the water’s natural tendency to flow. Stated differently, the explanation indicates a movement of contamination by human conduct, which is a “disposal.” Nevertheless, Coppola’s explanation is not part of the TAC and it is not enough to prevent dismissal. The explanation does, however, indicate that amendment would not be futile at this time. The Court is not convinced by Cal Water’s arguments that amendment should not be permitted. First, Cal Water spends much of its briefing arguing that only passive migration occurred at or through the Well. However, it is not clear from the TAC or the opposition that only passive migration occurred at the Well. To be sure there is ambiguity in the TAC, but the opposition indicates movement from human conduct because the contamination moved as part of Cal Water’s pumping process. Cal Water has not cited any authority that holds that water that moves in the pumping process constitutes passive migration. The Court knows little of the operation of utility wells, much less about the operation”
1 later decision quote this exact passagee.g. Coppola v. Smith“CERCLA prohibits a person from recovering compensation for the same removal costs or damages or claims pursuant to other state or federal law.” (citation omitted).) Because the court cannot determine at this stage in the litigation whether plaintiff will ultimately prevail on its CERCLA claims, or whether it seeks to recover the same costs under its state-law claims as its CERCLA claims, the court will permit plaintiff to plead both its CERCLA and state-law claims. See Fed.R.Civ.P. 8(d)(3) (”
1 later decision quote this exact passage“the failure to clean up contamination that causes ongoing damage to property”
1 later decision quote this exact passage
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.