United States v. Shell Oil Co.
Opinion
Lead Opinion
Fletcher, J.
ORDER
The opinion filed on February 11, 2002, and published at 281 F.3d 812 (9th Cir.2002), is withdrawn and replaced by the attached opinion.
With the filing of this new opinion, the panel has voted unanimously to deny the Oil Companies’ petition for rehearing and petition for rehearing en banc, filed March *1048 28, 2002. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. The Oil Companies’ petition for rehearing and petition for rehearing en banc are DENIED.
The United States’ petition for rehearing, filed March 28, 2002, is also DENIED.
OPINION
We are asked to decide who must pay for cleaning up the McColl Superfund Site in Fullerton, California. The site was contaminated with hazardous waste associated with the production of aviation fuel during World War II. Defendants in this case, Shell OF Co., Union Oil Co. of California, Atlantic 9267 Richfield Co., and Texaco, Inc. 1 (collectively, “the OF Companies”), operated aviation fuel refineries in the Los Angeles area during the war and dumped their waste at the McColl site.