19-1563
06/12/2019
Pending - Other Pending
Other - Environment
NEW ENGLAND CONTAINER COMPANY INC
ROHM & HAAS COMPANY
DURO TEXTILES LLC
BAYER CORPORATION
INGREDION INC
BASF CORPORATION
OLIN CORPORATION
CONOCOPHILLIPS
HENKEL CORPORATION
INDUSOL INC
EMHART INDUSTRIES, INC.
US NAVY
US DEPARTMENT OF DEFENSE
BLACK & DECKER, INC.
Jonathan J. Huber
Attorney at Miles & Stockbridge PC
100 Light St
Baltimore, MD 21202-0000
Holly Drumheller Butler
Attorney at Miles & Stockbridge PC
100 Light St
Baltimore, MD 21202-0000
Emily J. Migliaccio
Attorney at Cervenka Green & Ducharme LLC
235 Promenade St, Ste 475
Providence, RI 02908
Ryan Michael Murphy
Attorney at Eckert Seamans Cherin & Mellott LLC
2 International Pl, 16Th Flr
Boston, MA 02110-2602
Timothy I. Duffy
Attorney at Coughlin Midlige & Garland LLP
350 Mount Kemble Ave, Po Box 1917
Morristown, NJ 07962
Stephen P. Cooney
Attorney at Higgins Cavanagh & Cooney LLP
10 Dorrance St, Ste 400
Providence, RI 02903-0000
Monica R. Nelson
Attorney at Lewis Brisbois Bisgaard & Smith LLP
1 Citizens Plaza, Ste 1120
Providence, RI 02903
David L. Fine
Attorney at Mirick O'Connell DeMallie & Lougee LLP
100 Front St
Worcester, MA 01608-1477
Joseph E. Wolfson
Attorney at Stevens & Lee
620 Freedom Business Ctr
King Of Prussia, PA 19406
Michelle Ulick Rosenthal
Attorney at Veris Law Group PLLC
1809 7Th Ave, Ste 1400
Seattle, WA 98101
Susan B. Forcier
Attorney at RI Dept of Environmental Management
235 Promenade St, 4Th Flr
Providence, RI 02908-0000
Peter F. Neronha
Attorney at RI Attorney General's Office
150 S Main St
Providence, RI 02903-0000
James A. Kosch
Attorney at McCarter & English LLP
100 Mulberry St, 4 Gateway Ctr
Newark, NJ 07102-4056
Gerald J. Petros
Attorney at Hinckley Allen LLP
100 Westminster St, Ste 1500
Providence, RI 02903-0000
Douglas Jay Emanuel
Attorney at Chace Ruttenberg & Freedman LLP
1 Park Row, Ste 300
Providence, RI 02093-0000
MANDATE issued. [19-1563] (GB) [Entered: 04/12/2021 06:32 AM]
JUDGMENT entered. Affirmed . [19-1563] (GB) [Entered: 02/17/2021 03:36 PM]
OPINION issued by David J. Barron, Appellate Judge** and Patti B. Saris,*** U.S. District Judge. Published. **Judge Torruella heard oral argument in this matter and participated in the semble, but he did not participate in the issuance of the panel's opinion in this case. The remaining two panelists therefore issued the opinion pursuant to 28 U.S.C. 46(d). *** Of the District of Massachusetts, sitting by designation. [19-1563] (GB) [Entered: 02/17/2021 03:26 PM]
DESIGNATION of attorney presenting oral argument filed by Attorney Susan B. Forcier for Appellee State of Rhode Island. Certificate of service dated 09/01/2020. [19-1563] (SBF) [Entered: 09/01/2020 09:47 AM]
Appendix Volume II
Appendix Volume I
DESIGNATION of attorney presenting oral argument filed by Attorney Joseph Hovermill for Appellees Black & Decker, Inc. and Emhart Industries, Inc.. Certificate of service dated 08/31/2020. [19-1563] (JH) [Entered: 08/31/2020 10:13 AM]
Appendix Volume II
Appendix Volume I
Transcript Acknowledgment
Notice Regarding Native PDF
Case Opening Notice
Abbreviated Record
DocketMANDATE issued. [19-1563] (GB) [Entered: 04/12/2021 06:32 AM]
[-] Read LessDocketJUDGMENT entered. Affirmed . [19-1563] (GB) [Entered: 02/17/2021 03:36 PM]
[-] Read LessDocketOPINION issued by David J. Barron, Appellate Judge** and Patti B. Saris,*** U.S. District Judge. Published. **Judge Torruella heard oral argument in this matter and participated in the semble, but he did not participate in the issuance of the panel's opinion in this case. The remaining two panelists therefore issued the opinion pursuant to 28 U.S.C. 46(d). *** Of the District of Massachusetts, sitting by designation. [19-1563] (GB) [Entered: 02/17/2021 03:26 PM]
[-] Read LessDocketPublic docket note: John P. Roth and Thomas W. Harker were named Acting Secretaries of the United States Department of the Air Force and United States Department of the Navy as of January 20, 2021. Lloyd J. Austin, III was sworn in as Secretary of the United States Department of Defense on January 22, 2021. We have substituted them as the appellees. See Fed. R. App. P. 43(c)(2). [19-1563] (GB) [Entered: 02/04/2021 07:55 PM]
[-] Read LessDocketCASE argued. Panel: Juan R. Torruella, Appellate Judge; David J. Barron, Appellate Judge and Patti B. Saris, U.S. District Judge. Arguing attorneys: Bryan M. Killian for CNA Holdings LLC, Joseph Hovermill for Emhart Industries, Inc. and Black & Decker, Inc. and Joan M. Pepin for US, US Air Force, US Navy, US Department of Defense, Matthew P. Donovan, Mark T. Esper and Thomas B. Modly. [19-1563] (DJT) [Entered: 10/08/2020 01:54 PM]
[-] Read LessDocketDESIGNATION of attorney presenting oral argument filed by Attorney Susan B. Forcier for Appellee State of Rhode Island. Certificate of service dated 09/01/2020. [19-1563] (SBF) [Entered: 09/01/2020 09:47 AM]
[-] Read LessDocketAPPENDIX filed by Appellants CNA Holdings LLC, ExxonMobil Oil Corporation and Union Oil Company of California. [19-1563] (LIM) [Entered: 08/31/2020 10:39 AM]
[-] Read LessDocketDESIGNATION of attorney presenting oral argument filed by Attorney Joseph Hovermill for Appellees Black & Decker, Inc. and Emhart Industries, Inc.. Certificate of service dated 08/31/2020. [19-1563] (JH) [Entered: 08/31/2020 10:13 AM]
[-] Read LessDocketAPPENDIX tendered by Appellants CNA Holdings LLC, ExxonMobil Oil Corporation and Union Oil Company of California. Certificate of service dated 10/21/2019. [19-1563] (BMK) [Entered: 08/31/2020 09:47 AM]
[-] Read LessDocketDESIGNATION of attorney presenting oral argument filed by Attorney Joan M. Pepin for Appellees Matthew P. Donovan, Mark T. Esper, Thomas B. Modly, US, US Air Force, US Department of Defense and US Navy. Certificate of service dated 08/28/2020. [19-1563] (JMP) [Entered: 08/28/2020 01:52 PM]
[-] Read LessDocketNOTICE of appearance on behalf of Appellants Exxon Mobil Oil Corporation and Union Oil Company of California filed by Attorney Lindsey C. Moorhead. Certificate of service dated 06/26/2019. [19-1563] (LCM) [Entered: 06/26/2019 09:44 AM]
[-] Read LessDocketNOTICE allowing request for removal from service list. The following attorney has been removed from the service list for this case: James F. Thompson for ConocoPhillips. [19-1563] (GB) [Entered: 06/25/2019 02:23 PM]
[-] Read LessDocketREQUEST for removal from the service list filed by Attorney James F. Thompson for Not Party ConocoPhillips. Certificate of service was not included. [19-1563] (GB) [Entered: 06/25/2019 02:21 PM]
[-] Read LessDocketTRANSCRIPT ordered: 03/19/2019, Motion Hearing. Transcript due 08/26/2019 from Court Reporter Lisa Schwam, Court Reporter [19-1563] (GB) [Entered: 06/25/2019 09:19 AM]
[-] Read LessDocketTRANSCRIPT report/order form filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California indicating transcripts are being ordered. Certificate of service dated 06/24/2019. [19-1563] CLERK'S NOTE: Party selection was incomplete. Correction made by clerk's office. No further action required. (DKM) [Entered: 06/24/2019 06:38 PM]
[-] Read LessDocketNOTICE of appearance on behalf of Appellant CNA Holdings LLC filed by Attorney Douglas A. Hastings. Certificate of service dated 06/24/2019. [19-1563] (DAH) [Entered: 06/24/2019 06:33 PM]
[-] Read LessDocketNOTICE of appearance on behalf of Appellant CNA Holdings LLC filed by Attorney Bryan M. Killian. Certificate of service dated 06/24/2019. [19-1563] (BMK) [Entered: 06/24/2019 06:30 PM]
[-] Read LessDocketNOTICE of appearance on behalf of Appellant CNA Holdings LLC filed by Attorney Duke K. McCall. Certificate of service dated 06/24/2019. [19-1563] (DKM) [Entered: 06/24/2019 06:24 PM]
[-] Read LessDocketNOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Susan B. Forcier. Certificate of service dated 06/21/2019. [19-1563] (SBF) [Entered: 06/21/2019 12:17 PM]
[-] Read LessDocketCIVIL CASE docketed. Notice of appeal (doc. #734) filed by Appellants CNA Holdings LLC, Exxon Mobil Oil Corporation and Union Oil Company of California. Appearance form, Docketing Statement and Transcript Report/Order form due 07/02/2019 . [19-1563] (GB) [Entered: 06/18/2019 03:53 PM]
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