Fireman's Fund Ins. Co. v. City of Lodi, Cal.

MEMORANDUM AND ORDER

In response to an ordinance adopted by the City of Lodi, California (the “City”), plaintiff Fireman’s Fund Insurance Company (“Fireman’s Fund”) brings suit against the City; Mayor Jack Sieglock in his official capacity; Enforcement Officers Richard C. Prima, Jr., and Fran E. Forkas in their official capacities; City Attorney Randall A. Hays in his official and individual capacities; and Michael C. Donovan and Zevnik Horton Guibord & McGovern, LLP (collectively, the “Firm”), private attorneys acting as assistant city attorneys for Lodi, in their official and individual capacities. Fireman’s Fund alleges that the City’s Comprehensive Municipal Environmental Response and Liability Ordinance (the “Ordinance”) is preempted by federal and state law and violates the United States Constitution and the California State Constitution. Specifically, Fireman’s Fund alleges that the Ordinance is preempted by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., and the California Hazardous Substance Account Act (HSAA), Cal. Health & Safety Code § 25300 et seq., and that the Ordinance violates Fireman’s Fund’s rights…