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

ORDER RE MOTION FOR SUMMARY JUDGMENT

This is a cost recovery action brought by the State of California, Department of Toxic Substances Control (“DTSC” or “the state”), pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). (Order of March 5, 2003.) The state seeks reimbursement of costs incurred cleaning the site of a former lead processing facility in Carson, California, as well as a declaration that it is entitled to recoup any costs it may incur in the future for clean-up of the same facility. (Id.) Defendants are moving for summary judgment on the grounds that the state filed its cost recovery suit too late — past the three year statute of limitations contained in section 113(g)(2)(A) of' CERCLA, 42 U.S.C. § 9613 (g)(2)(A).

. 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. Accordingly, the matter was taken off calendar and placed under submission. Having thoroughly considered the points of law, facts, evidence and legal arguments submitted by counsel for all parties involved, the Court hereby DENIES the moving…