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City of Colton v. American Promotional Events, Inc.-West

Petition for certiorari denied on November 29, 2010
Docket No. Op. Below Argument Opinion Vote Author Term
10-284 9th Cir. N/A N/A N/A N/A OT 2010

Issue: Whether the declaratory judgment provision of § 113(g)(2) of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") preempts the Declaratory Judgment Act as applied in the CERCLA context, thereby precluding CERCLA plaintiffs from asserting declaratory relief claims for future clean-up costs if they cannot recover past clean-up costs.

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