Monterey Bay Unified Air Pollution Control District v. United States Department of the Army

ORDER RE MOTIONS FOR SUMMARY JUDGMENT

The cross-motions for summary judgment in this matter, brought pursuant to Rule 56 of the Federal Rules of Civil Procedure, were heard by the court on September 1, 2000. The court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the court grants the District’s motion regarding jurisdiction and denies the Army’s counter-motion, grants summary judgment in favor of the Army and against the District with respect to the Army’s alleged breach of the parties’ Settlement Agreement except as to the claims arising from the burn conducted on September 18, 1998 as to which there are genuine issues of material fact and denies the District’s motion with respect to the other issues it raises.

I. BACKGROUND

This is an environmental dispute between the Monterey Bay Unified Air Pollution Control District (“the District”) and the United States Departments of Defense and of the Army (together, for simplicity’s sake, “the Army”).

This case is one of several that have been filed against the Army for the environmental cleanup of the former Fort Ord military reservation. See, e.g., Fort Ord Toxics…