Santa Clara Valley Water District v. Olin Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT REGARDING THE DISTRICT’S REMAINING COST RECOVERY CLAIMS

[Re Docket No. 109]

Presently before the court is defendant’s motion for summary judgment or partial summary judgment on plaintiffs remaining cost recovery claims. The motion came on for hearing before the court on June 12, 2009. Plaintiff opposed the mo tion. Following oral argument, the motion was submitted for decision. Having considered the papers submitted by the parties and the arguments of counsel, and for good cause appearing for the reasons set forth below, defendant’s motion is granted in part and denied in part.

I. BACKGROUND

Olin Corporation is the owner of real property in Morgan Hill, which is the source of perchlorate contamination in the Llagas Subbasin groundwater. Santa Clara Valley Water District (“SCVWD” or “District”) filed suit against Olin in 2007 seeking to recover costs it incurred in response to the contamination, including costs of providing bottled water to customers, providing technical advice to affected cities, and other items. The total amount of claimed…