Department of Toxic Substances Control v. Interstate Non-Ferrous Corp.

MEMORANDUM DECISION AND ORDER RE PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING APPLICATION OF CERCLA SECTION 127

I. INTRODUCTION

Plaintiff, the State of California Department of Toxic Substances Control (“DTSC”), brings this motion for partial summary judgment that newly enacted CERCLA Section 127, the Superfund Recycling Equity Act (“the Act”), a rider to H.R. 3194, the 2000 Consolidated Appropriation Act, signed into law by the President November 29, 1999, see Pub.L. No. 106-113, 113 Stat. 1501A-598 (1999), does not apply to this pending action. The issue of the Act’s application to pending cost-recovery , actions for past transactions has not been decided in this Circuit. Three oppositions were filed on behalf of Defendants and Third Parties; the three lead defendants are: Augustine Metals, Inc., Certain Original Sellers (“Sellers”), and the Steinmeyer Corporation. The Institute of Scrap Recycling Industries, Inc. (“Amicus”) filed an opposition as amicus curiae.

II. LEGAL STANDARD

Summary judgment is appropriate only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no…