Wickland Oil Terminals v. Asarco, Inc.

ORDER RE ASARCO’S MOTION TO DISMISS CERCLA CLAIMS

Plaintiff Wickland Oil Terminals (“Wick-land”) brings this action under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §§ 9601-9657 , and state law seeking declaratory relief, damages and injunctive relief against defendants Asarco, Inc. (“Asarco”) and State Lands Commission of California (“Commission”) with respect to the disposal of allegedly hazardous wastes located on property owned and leased by plaintiff.

More specifically, plaintiff, in its federal claims, seeks: (1) a declaration that Asarco is, as between plaintiff and Asarco, “solely and entirely liable under the pertinent provisions of [CERCLA] for any existence of a release or threatened release of hazardous substances into the environment at the Selby facility now owned and leased by Wick-land”; (2) a similar declaration against the Commission; (3) an order enjoining Asarco “to initiate clean-up of the slag abandoned by Asarco at the Selby site, to coordinate said clean-up with the appropriate federal and state agencies in a manner consistent with the National Contingency Plan, and to bear the costs of said…