[DOWNLOAD] "Daigle V. Shell Oil Co." by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free

March 15, 2021

eBook details

Title: Daigle V. Shell Oil Co.
Author : United States Court of Appeals for the Tenth Circuit
Release Date : January 18, 1992
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

Description

This toxic tort case arises from the cleanup effort at the Rocky Mountain Arsenal (the Arsenal), a federally controlled Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site near Commerce City, Colorado. 42 U.S.C.A. 9601 § et seq. The Plaintiffs-appellees, a group of individuals who reside near the Arsenal, seek "response costs" from Defendants-appellants Shell Oil Company (Shell) and the Government for medical monitoring under the CERCLA § 107(a), 42 U.S.C.A. § 9607(a), and damages from Shell under six diversity claims including an "ultrahazardous activity" strict liability claim. These latter tort claims also were brought against the Government pursuant to the Federal Tort Claims Act (FTCA). 28 U.S.C.A. §§ 1346(a) & 2671-2680. Plaintiffs contend that they suffered personal injury and property damage as a result of airborne pollutants released during the joint cleanup effort at the Arsenal by Shell and the Government.