United States v. Montana Refining Co.

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. MONTANA REFINING CO., Defendant-Appellee. No. 93-16583. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 9, 1994. Decided Aug. 17, 1994. Before: WALLACE, Chief Judge, CHOY, Circuit Judge, and McGOVERN, * District Judge. MEMORANDUM The government appeals from the district court's summary judgment against it in its action to recover response costs from Montana Refining Co. (Montana Refining) pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. Sec. 9601 , et seq., under the theory that Montana Refining arranged for treatment or disposal of hazardous substances. The district court had jurisdiction under 42 U.S.C. Sec. 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. Sec. 1291 . We review de novo the district court's summary judgment. Briggs v. Sullivan, 954 F.2d…