California Ex Rel. California Department of Toxic Substances Control v. Celtor Chemical Corp.

AMENDED ORDER DENYING MOTION FOR SUMMARY JUDGMENT

ISSUES

This motion for summary judgment requires the Court to decide whether: (1) a genuine issue of material fact exists as to whether defendant is an “operator” liable under the Federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the California Hazardous Substance Account Act (“the California HSAA”); (2) plaintiffs claim under CERCLA is barred by the statute of limitations; (3) plaintiffs claim under the California HSAA is barred by the statute of limitations; (4) plaintiff can recover oversight fees under CERCLA; and (5) plaintiffs authority under the California HSAA is preempted by CERCLA because the site cleanup was located on an Indian reservation.

For the following reasons, the Court holds that: (1) there is a material issue of fact as to whether defendant is an “operator” liable under CERCLA and the California HSAA; (2) the claim under CERCLA is not barred by the statute of limitations; (3) the claim under the California HSAA is not barred by the statute of limitations; (4) plaintiff can recover oversight fees under CERCLA; and (5) plaintiff can bring a claim under the California…