Gloria Price v. United States Navy Harry Moses Marguerite Moses (Deceased) Michael Moses Shirley Moses

Gloria Price, the owner of a house resting on a contaminated former landfill, appeals from various orders of the district court in her private action for recovery of response costs under CERCLA and for injunctive relief under RCRA against the United States Navy and Harry Moses. In particular, Price appeals from the orders of the court which (1) dismissed Price’s claim under CERCLA for medical monitoring costs, (2) denied Price’s claim under CERCLA for attorneys’ fees, and (3) dismissed Price’s claim for injunctive relief under RCRA which sought to require the Navy to remove allegedly contaminated soil from beneath her house. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm in part and reverse in part.

FACTS

In the mid-1930’s, the United States Navy dumped paints containing lead, copper and zinc, used asbestos gaskets and insulation on a junkyard in Paradise Hills in San Diego, California. The junkyard included what are now 6021, 6025, 6035 and 6045 Edgewater Street, four contiguous properties. The property at 6025 Edgewater was purchased in 1958 by Harry Moses, who built a house on it in 1960. Price eventually came to own the residence at 6025 Edgewater Street.

In…