Lewis Operating Corp. v. United States

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiffs have brought this suit against the United States to recover approximately $3.2 million in costs that Plaintiffs allegedly incurred in cleaning up a World War II airplane crash site that Plaintiffs discovered on their property in Chino, California. Plaintiffs argue that the United States bears all cleanup costs under section 107 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”) on the basis that Plaintiffs qualify as “innocent landowners.” Therefore, the only question at issue in Plaintiffs’ Motion for Summary Judgment and Defendant United States’ Cross-Motion for Partial Summary Judgment (“Motions”) is whether Plaintiffs qualify as “innocent landowners” under Sections 107(b)(3)(a) and Section 101(35) of CERC-LA.

The parties filed their cross-motions for (partial) summary judgment on March 23, 2007. On April 10, 2007, the parties filed oppositions, to which the respective parties each timely filed reply briefs. After review of the parties’ submissions and the case file, as well as the…