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

Certiorari Denied

Petition for certiorari denied on November 29, 2010.

Docket No.10-284
Op. Below9th Circuit

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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