California Ex Rel. California Department of Toxic Services v. Neville Chemical Co.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

This case is a cost-recovery action brought by plaintiff State of California on behalf of the Department of Toxic Substances Control (“DTSC”) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C. §§ 9601 et seq. DTSC seeks to recover costs associated with the cleanup of hazardous substances at a chemical manufacturing plant owned and operated by defendant Neville Chemical Company (“Neville”). In an Order dated March 26, 2002, the Court granted in part plaintiffs motion for summary judgment that Neville was liable for all recovery costs not inconsistent with the National Consistency Plan (“NCP”), but permitted supplemental discovery and briefing on the issue of whether DTSC’s recovery costs were inconsistent with the NCP. Order Granting in Part Plaintiffs Motion For Summary Judgment (“March 26, 2002 Order”) at 16, 25. Both parties submitted supplemental briefing, and the Court heard oral argument at an April 29, 2002 status conference.

II. LEGAL STANDARD

Summary judgment is appropriate where “there is no…