California Department of Toxic Substances Control v. Alco Pacific, Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS TO THE APPROPRIATE SCOPE AND STANDARD OF REVIEW OF AGENCY ACTION

The court has before it Plaintiff State of California Department of Toxic Substances Control’s (“DTSC”) Motion for Summary Judgment as to the Appropriate Scope and Standard of Review of Agency Action. On February 06, 2004 Defendants’ Motion for Summary Judgment with respect to the useful product exemption was granted, resolving all claims against many of the Defendants. A handful of defendants including J.L. Shepherd and Associates (“J.L.Shepherd”), Exide Technologies (“Exide”) and Lead Products Company, Inc. (“LPI”) remain in the case. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the court finds that this matter is appropriate for decision without oral argument. Having thoroughly considered the points of law and arguments submitted by counsel for Defendants and Plaintiff, Plaintiffs Motion for Summary Judgment is hereby GRANTED.

I. BACKGROUND

As the court explained in greater detail in the Opinions and Orders addressing the previous two Motions for Summary Judgment, this is a cost recovery action brought by the State of…