Catellus Development Corp. v. United States

ORDER GRANTING SUMMARY JUDGMENT

Plaintiff Catellus Development Corporation (“Catellus”) brought this suit pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as Amended, 42 U.S.C. § 9601 et seq., (“CERCLA”), 42 U.S.C. §§ 9607 (a)(2) and (3). Plaintiff seeks to recover response costs which it claims to have incurred in the investigation and remediation of its contaminated Point Isabel property in Richmond, California.

This matter is before the Court on a motion for summary judgment by one defen dant, General Automotive, Ine. (“General”), and a cross-motion against General by plaintiff Catellus. For the reasons set forth below, the Court will grant General’s motion for summary judgment and deny the cross-motion by Catellus.

I. Factual Background

The material facts pertinent to this motion are, by plaintiffs own admission, undisputed. Catellus owns a parcel of property at Point Isabel in Richmond, California, which was contaminated by lead that leached into the soil and surrounding bay from crushed battery casings dumped at the property over the course of several years. In the mid-1980’s environmental regulators discovered elevated levels…