Transp. Leasing Co. v. State of Cal.(CalTrans)

AMENDED ORDER

I. BACKGROUND

A. History of the Action

This action arises out of efforts to clean up hazardous substances at a facility in Monterey Park, California, known as the Operating Industries, Inc. (Oil) landfill.

In 1988, the United States Environmental Protection Agency (EPA), the State of California, and the California Hazardous Substance Account sued a number of parties, including plaintiffs in this action, alleging that those parties were liable to perform certain remedial actions at the Oil landfill and to reimburse the United States and the State of California for response costs incurred in abating various hazardous conditions at the landfill.

The 1988 action was settled with a Partial Consent decree entered on May 11, 1989. Under the terms of the decree, plaintiffs here agreed to perform certain work at the Oil landfill and to pay approximately $61,-000.000.to the EPA and the State of California. However, plaintiffs expressly reserved the right to assert claims for reimbursement and indemnification against other potentially liable persons who were not signatories of the decree.

Plaintiffs now assert that right by bringing this action against fourteen municipal…