United States v. Iron Mountain Mines, Inc.

MEMORANDUM OF OPINION AND ORDER

The United States and the State of California (together “the Government”) are seeking to recover CERCLA response costs incurred in investigating and abating hazardous sub stance contamination at Iron Mountain Mine. See 42 U.S.C. § 9607 (a). One of the defendants against whom the Government is seeking to recover is Rhóne-Poulenc Basic Chemicals Co., Inc. To prevail, the Government must establish that Rhóne-Poulenc is a responsible party as defined by CERCLA. The Government and Rhóne-Poulenc now cross move for partial adjudication on the limited issue of whether Rhóne-Poulenc is a responsible party as the corporate successor to Mountain Copper Company, Ltd. (“Mountain Copper”) and its subsidiaries, which owned and operated Iron Mountain Mine from 1896 to 1968.

Rhóne-Poulenc’s suceessorship, if it exists at all, is once removed. As a prior owner and operator of Iron Mountain Mine, it is undisputed that Mountain Copper is a responsible party as defined by CERCLA. See 42 U.S.C. § 9607 (a)(2). However, Mountain Copper was dissolved some 30 years ago in 1968 when Stauffer Chemical Company (“Stauffer”) acquired Mountain Copper’s assets, including Iron…