United States of America, and State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc. Los Coyotes Estates Ramparts Research & Financial Corporation, United States of America State of California, Ex Rel. California Department of Health Services Hazardous Substance Account and Hazardous Cleanup Fund v. Shell Oil Company Union Oil Company of California Atlantic Richfield Company Texaco, Inc., and Los Coyotes Estates Ramparts Research & Financial Corporation

294 F.3d 1045 UNITED STATES of America, Plaintiff-Appellant, and State of California, ex rel. California Department of Health Services; Hazardous Substance Account and Hazardous Cleanup Fund, Plaintiff, v. SHELL OIL COMPANY; Union Oil Company of California; Atlantic Richfield Company; Texaco, Inc.; Los Coyotes Estates; Ramparts Research & Financial Corporation, Defendants-Appellees. United States of America; State of California, ex rel. California Department of Health Services; Hazardous Substance Account and Hazardous Cleanup Fund, Plaintiffs-Appellees, v. Shell Oil Company; Union Oil Company of California; Atlantic Richfield Company; Texaco, Inc., Defendants-Appellants, and Los Coyotes Estates; Ramparts Research & Financial Corporation, Defendants. No. 00-55027. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 4, 2001. Filed February 11, 2002. Withdrawn June 28, 2002. Order and Opinion Filed June 28, 2002. COPYRIGHT MATERIAL OMITTED Todd S. Kim, U.S. Department of Justice, Washington, District of Columbia, for the plaintiff-appellant/cross-appellee United States. Timothy R. Patterson, Deputy Attorney General, California Department of Justice, San…