United States v. Ivey

ELR Citation: ELR 20918
No(s). 89-CV-71179-DT (E.D. Mich. May 3, 1990)

The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not authorize service of process in a foreign country. The defendants, who reside in Canada and were served there, are alleged to be owners and operators of the Liquid Disposal, Inc. site in Michigan. Although CERCLA § 113(e) provides for nationwide service of process, it does not authorize foreign service of process. The court notes that it may have personal jurisdiction over the defendants under Michigan's long-arm statute, and requests supplemental briefs on the issue.

Counsel for Plaintiffs
Donald Carr
Land and Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2056

Counsel for Defendants
Jeffrey Haynes
VanderKlot & Haynes
P.O. 980, Bloomfield Hills MI 48013
(313) 540-8388

You must be an ELI Member to access the full content.

You are not logged in. To access this content: