Department of Toxic Substances Control v. Burlington Northern

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff, and

DEPARTMENT OF TOXIC SUBSTANCES

CONTROL, STATE OF CALIFORNIA,

Plaintiff-Appellant, No. 03-17125 v. D.C. Nos.

BURLINGTON NORTHERN & SANTA

FE RAILWAY COMPANY, as  CV-92-05068-OWW

CV-96-06226-OWW

successor in interest to the CV-96-06228-OWW Atchison, Topeka & Santa Fe Railway Company; UNION PACIFIC TRANSPORTATION COMPANY, as successor in interest to the Southern Pacific Transportation Company; SHELL OIL COMPANY, Defendants-Appellees. 

11287 11288 DEP’T OF TOXIC SUBSTANCES v. BURLINGTON NORTHERN

UNITED STATES OF AMERICA, 

Plaintiff-Appellant, and

DEPARTMENT OF TOXIC SUBSTANCES

CONTROL, STATE OF CALIFORNIA,

Plaintiff, v. No. 03-17153

BURLINGTON NORTHERN & SANTA

FE RAILWAY COMPANY, as  D.C. No.

CV-92-05068-OWW

successor in interest to the Atchison, Topeka & Santa Fe Railway Company; UNION PACIFIC TRANSPORTATION COMPANY, as successor in interest to the Southern Pacific Transportation Company; SHELL OIL COMPANY, Defendants-Appellees.  DEP’T OF TOXIC SUBSTANCES v.…