Washington State Department of Transportation v. Washington Natural Gas Co.

This is a review of several judgments of the United States district court, western district of Washington. The Washington State Department of Transportation (WSDOT) initiated this action against Washington Natural Gas Company (WNG), Pacificorp, and Advance Ross Corporation seeking recovery costs due under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 , et seq. On cross-motions for partial summary judgment, the district court concluded that the defendants were responsible parties under CERCLA § 107, 42 U.S.C. § 9607 . The district court conducted a bench trial to determine damages and entered a judgment in favor of WNG et al. The district court concluded that WSDOT was not entitled to recover its response costs because WSDOT did not comply with the National Contingency Plan (“NCP”) promulgated by the Environmental Protection Agency (“EPA”) pursuant to CERCLA.

The overarching issue on this appeal is whether WSDOT can recover its response costs. To answer this question, we must address several related issues. First, under 42 U.S.C § 9607(a), is a state entitled to a presumption that its actions are consistent with the NCP? The…