Castaic Lake Water Agency v. Whittaker Corp.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; ORDER DENYING COUNTER-CLAIMANT WHITTAKER CORP.’S MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on two motions for summary judgment. Plaintiffs move for summary judgment on their nuisance claims and their claims for recovery and declaratory relief under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq. Defendant and Counterclaimant Whittaker Corporation (‘Whittaker”) moves for summary judgment on its counterclaims for- declaratory relief under CERCLA and for contribution under both CERCLA and the California Hazardous Substance Account Act (“HSAA”), Cal. Health & Safety Code § 25300 et seq.

MOTION STANDARD

Federal Rule of Civil Procedure 56(c) provides for summary judgment when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” A fact is material if it could affect the outcome of the suit under the governing substantive law.…