Shell Oil Co. v. United States

ELR Citation: 42 ELR 20059
No(s). 2010-5161 (Fed. Cir. Mar 7, 2012)

The Federal Circuit vacated a trial judge's decision requiring the United States to indemnify certain oil companies for environmental cleanup costs under CERCLA. Because the trial judge's wife owned shares in the parent company of two of the defendant oil companies, he decided to sever the two oil companies from the lawsuit. But he should have recused himself from the entire proceeding. His failure to do so was not harmless error.

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