Lincoln v. Republic Ecology Corp.

MEMORANDUM OF DECISION AND ORDER

This is an action brought pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and other statutory and common law theories of liability. By this action, various parties seek to recover costs for the remediation of hazardous substances discovered on property in the City of Pasadena.

We are here concerned with third-party defendant City of Pasadena’s motion for summary judgment by which it seeks to avoid liability as an “arranger” of hazardous substances pursuant to CERCLA § 107(a)(3). Third-party plaintiff Helen E. Monroe (Monroe), who at times has both owned the property in question and has operated at that location an automobile dismantling and salvage business known as Monroe Auto Wrecking (MAW), seeks contribution from the City of Pasadena (City) because the City established ordinances regulating and authorizing private towing and salvage companies to remove abandoned vehicles from public and private property.

The City brought this motion for summary judgment on October 1, 1990, claiming that as a matter of law, it could not be held liable as an arranger under the terms of CERCLA § 107(a). At the…