# Addendum — Shell Oil Co. v. United States (Nos. 07-1607, 07-1601) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385015_0098%3A13 ## Record - **Collection:** Supreme Court brief - **Document type:** Addendum - **Published:** January 1, 2009 ## Text TABLE OF CONTENTS TO ADDENDUM Trial Exhibit G-6, Site Map (RR SER 297), attached to Expert Uplaiens of TI cnsssanistscssscaeiictiniacdinalniapdinselainiieniadinmniiniensentetececeneeneed la Trial Exhibit 392, Aerial Photograph of Arvin STII siscsccsctsinsenicehihsihibedicipabiienintibiahldainthpedtibatiaesitinatninimniueions 2a 42 U.S.C. § 9601(9), (11)-(12), (14), (20)(a), (32) ........... 3a rs I ii 6a z> Grane CRRRR 3 { = rere Ne Derby Street ‘7 i la [Site Map] SER297 SOIT atlas et mat Drewes ome SF EM OD ee) 1 7 < Hee * -—— ee Wren w ane | 2a {Trial Exhibit 392 — Aerial Photo} 3a TITLE 42. THE PUBLIC HEALTH AND WELFARE CHAPTER 103. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY SUBCHAPTER I. HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION 42 U.S.C. § 9601 § 9601. Definitions For purpose of this subchapter— * hK * (9) The term “facility” means (A) any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft, or (B) any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located; but does not include any consumer product in consumer use or any vessel. * * * (11) The term “Fund” or “Trust Fund” means the Hazardous Substance Superfund established by section 9507 of title 26. 4a (12) The term “ground water” means water in a saturated zone or stratum beneath the surface of land or water. * * * (14) The term “hazardous substance” means (A) any substance designated pursuant to section 1321(b)(2)(A) of title 33, (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D) any toxic pollutant listed under section 1317(a) of title 33, (E) any hazardous air pollutant listed under section 112 of the Clean Air Act |42 U.S.C. 7412], and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 2606 of title 15. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a_ hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). * * * (20)(A) The term “owner or operator” means (i) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, (ii) in the case of an onshore facility or an offshore facility, any person 5a owning or operating such facility, and (iii) in the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand. Such term does not include a person, who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect his security interest in the vessel or facility. * * * (32) The terms “liable” or “liability” under this subchapter shall be construed to be the standard of liability which obtains under section 1321 of title 33. * * * 6a 42 U.S.C. § 9607 § 9607. Liability (a) Covered persons; scope; recoverable costs and damages; interest rate; “comparable maturity” date. Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (b) of this section (1) the owner and operator of a vessel or a facility, (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of, (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, and (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance, shall be liable for— Ja (A) all costs of removal or remedial action incurred by the United States Government or a State or an Indian tribe not inconsistent with the national contingency plan; (B) any other necessary costs of response incurred by any other person consistent with the national contingency plan; (C) damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from such a release; and (D) the costs of any health assessment or health effects study carried out under section 9604(i) of this title. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385015_0098%3A13. Public record. Not legal advice.