The Boeing Co. v. Regional Water Quality Control Bd CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. The Site

The site is a 2,850-acre property, comprised of developed and undeveloped land, located in the Simi Hills of Ventura County, California. More than 700,000 people live within 10 miles of the site. From the 1950s through the mid-1970s, the site was used by Boeing or its predecessors for research and development, as well as the assembly, disassembly, and testing of rocket engines and chemical lasers. The U.S. Department of Energy also conducted research and development of energy-related programs and seismic testing at the site, using nuclear reactors until 1980; NASA operated rocket engine assembly and testing at the site until 2006. Various pollutants were used during these operations. Although industrial activity at the site ceased nearly two decades ago, the site today still operates for cleanup and remediation purposes to address the significant pollutants that still remain. The site is currently owned in part by Boeing and in part by the federal government. This case concerns Boeing’s role at the site.

II. Stormwater Discharge Permits at the Site

Although California’s Department of Toxic Substance Control is the “lead…