United States v. Shell Oil Co.

MEMORANDUM OF DECISION AND ORDER

The Court has presented for adjudication the question of the allocation of liability for the cost of cleanup of the MeColl Superfund Site, a significant and deleterious by-product of the World War II aviation gasoline program. The United States of America (“the Government”) has incurred substantial response costs in its attempts to clean up the MeColl Site and seeks by this action to recover those costs from Shell Oil Company, Union Oil Company, Atlantic Richfield Company, and Texaco, Inc. (herein referred to as “Shell,” “Union,” “ARCO,” and “Texaco,” respectively and “the Oil Companies,” collectively). Recovery is sought pursuant to Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), Pub.L. No. 96-510, as amended by the Superfund Amendments and Reauthorization Act of 1986 (“SARA”), Pub.L. 99-499, codified at 42 U.S.C. § 9607 .

This Court has previously granted summary judgment holding both the Government and the Oil Companies Hable as “arrangers” as this term is used in 42 U.S.C. § 9607 . See U.S. v. Shell Oil Co., 841 F.Supp. 962, 975 (C.D.Cal.1993) (holding Oil Companies Ha-ble);…