# Furrer v. Brown

> Court of Appeals for the Eighth Circuit · August 15, 1995 · 62 F.3d 1092

URL: https://www.frixlaw.com/law-library/cases/6935756

## Case

- **Full name:** J. Richard FURRER Margaret L. Furrer v. Donald F. BROWN Dorothy J. Brown Louis W. Fagas Geraldine J. Fagas Shell Oil Company, Unknown Does, 1-100, State of Missouri Bi-State Development Agency United States of America, Amicus Curiae
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** August 15, 1995
- **Citations:** 62 F.3d 1092; 1995 WL 478274
- **Precedential status:** Published
- **Opinion:** Dissent by Fagg
- **Judges:** Bennett, Bowman, Fagg
- **Cited by:** 33 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6935756

## How later opinions describe it (automated extraction)

- noting that Cort is only a guide to determining Congressional intent, citing Thompson and Touche Ross

## Opinion text

FAGG, Circuit Judge,
dissenting.
For the reasons stated by the Ninth Circuit in KFC Western, Inc. v. Meghrig, 49 F.3d 518 (9th Cir.1995), I believe the Resource Conservation and Recovery Act’s citizen suit provision,’ 42 U.S.C. § 6972 (a)(1)(B), authorizes an innocent private purchaser of property contaminated with solid or hazardous waste to bring an equitable action for reimbursement of clean-up costs. Because the statute permits citizens to obtain injunc-tive or other equitable relief, “a restitution-ary remedy ... falls within the statutory allowance for district court orders that [polluters] take ‘such other action as may be necessary.’ ” KFC Western, 49 F.3d at 521 (quoting 42 U.S.C. § 6972 (a)(1)(B)). Given this jurisdictional framework, I readily agree with the Ninth Circuit that it “would be unfair and poor public policy to interpret § 6972(a)(1)(B) as barring restitution actions.” Id. at 523. Thus, I would reverse the district court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6935756. Public record. Not legal advice.