Clinton
A&W Smelter and Refiners, Inc. v. Clinton
Opinion
Opinion
Illston, J.
ORDER GRANTING SUMMARY JUDGMENT AND DENYING LEAVE TO AMEND THE COMPLAINT
On March 14, 1997, the Court heard argument on defendant’s motion for summary judgment and plaintiffs motion to file an amended complaint. Having considered the arguments of counsel and the papers submitted, the Court hereby grants defendants’ motion for summary judgment and denies plaintiffs motion to file an amended complaint.
BACKGROUND
This action is an appeal, from the Environmental Protection Agency’s Environmental Appeals Board decision to deny two petitions by plaintiff A&W Smelters for reimbursement of costs incurred in complying with two administrative cleanup orders issued by the EPA under section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9606 (a).
The material that is the subject of the lawsuit, sometimes referred to as “Ore Pile #2,” originated at the A&W mining claim located in Santa Fe Springs, CA (Kern County), on land leased from the United States Bureau of Land Management. Beginning in 1988, A&W had been issued numerous notices and citations regarding unsecured waste piles, including notices of violations of state hazardous…