California Department of Toxic Substances Control v. Interstate Non-Ferrous Corp.

Good Law
298 F. Supp. 2d 930·2003 WL 22170743·57 ERC (BNA) 1371·2003 U.S. Dist. LEXIS 23169
United States District Court, Eastern District of CaliforniaJuly 28, 2003CIVF97-5016 OWW LJOCalifornia28,544 words

Opinion

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT UNDER CERCLA AND RCRA

I. INTRODUCTION

The California Department of Toxic Substances Control (“DTSC”) moves for summary judgment against The Estate of William Huffman, to the extent of its insurance, as allowed under California Probate Code § 550. Doc. 947, filed June 21, 2002. Counter-Defendant Great American Insurance Company opposes DTSC’s motion. Doc. 979. Intervenor Defendant Ohio Casualty opposes DTSC’s motion. Doc. 976. DTSC moves for summary judgment on CERCLA liability against Defendant and Third Party Plaintiff Bar-stow Truck Parts and Equipment Co., Inc. (“Barstow”). Doc. 951. DTSC moves for summary judgment on Liability under RCRA against Barstow. Doc. 949. Bar-stow opposes both motions. Docs. 971 and 972. Barstow moves for summary judgment against DTSC on the issue of immunity under the Recycler Exemption, CERCLA’s Section 127, Doc. 960. Oral arguments were heard October 18, 2002.

II. BACKGROUND

On January 13, 1997, DTSC filed this suit for cost recovery and declaratory relief under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. §§ 9607 and 9613, and…

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