U.S. says that because 3rd Cir. found §9607 and §9613 are entwined, there is no right to jury trial under §107

摘要

The United States contended on Sept. 22 that SB Building Associates and other defendants have failed to establish any ground for difference of opinion from a decision which held that there is no right to a jury trial on a CERCLA§107 claim in the United States' lawsuit over cleanup attwo Superfund sites that were part of the Michelin Tire facility in Milltown, New Jersey. "As this court explained in its July 10,2014, order striking defendants' jury demand, the Court of Appeals for the Third Circuit has ruled that parties to CERCLA § 107 cases are not entitled to jury trials. Hatco Corp. v. W.R. Grace & Co. Conn., 59 F.3d 400,414 (3d Cir. 1995)," the U.S. states.