United States v. Iron Mountain Mines, Inc.

MEMORANDUM OF OPINION AND ORDER

This is a cost recovery action brought by the United States and the State of California under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., to recover response costs for cleanup measures taken at the Iron Mountain Mine site, a series of now inactive mines on Iron Mountain located approximately nine miles northwest of Redding, California. Acid mine drainage from the old mine workings flows into the Sacramento river above the Keswick Dam.

In these cross motions for summary judgment, the court revisits defendant Rhóne-Poulenc’s counterclaim against the United States in which Rhone-Poulenc claims that the United States should be hable for a portion of the response costs because much of the mining occurred during and just after World War II at the instance of the government. See United States v. Iron Mountain Mines, 881 F.Supp. 1432 (E.D.Cal.1995); U.S. v. Iron Mountain Mines, Inc., 881 F.Supp. 1432 (E.D.Cal.1995). Rhone-Pou-lenc argues that during this time period the federal government exercised sufficient control over Iron Mountain Mine to incur liability as an “operator” of the Mine.…