Remington

Remington v. Mathson

Good Law
42 F. Supp. 3d 1256·2012 WL 10966082·2012 U.S. Dist. LEXIS 190300
United States District Court, Northern District of CaliforniaMarch 27, 2012No. 09-CV-4547 NJVCalifornia8,838 words

Opinion

Lead Opinion

Vadas, J.

ORDER RE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT/PARTIAL SUMMARY JUDGMENT (Docket No. 63)

Pending before the Court is the Motion for Summary Judgment/Partial Summary Judgment filed by Defendants John and Joy Mathson. (Docket No. • 63.) The Court has taken this motion under submission on the papers pursuant to Local Civil Rule 7 — 1(b). (Docket No. 76.) As set forth below, the Court grants Defendants’ Motion for Summary Judgment as to the federal claims and declines to retain jurisdiction over the state law claims.

BACKGROUND

This is a case between neighbors based in part on alleged violations of various federal environmental laws including the Resource Conservation and Recovery Act (“RCRA”), the Clean Water Act (“CWA”), the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), and Emergency Planning and Community Right to Know Act (“EP-CRA”). Plaintiff raises the following eight claims in his Complaint: 1) CWA violation for discharges from five water point sources; 2) RCRA violation for discharge of hazardous wastes under 42 U.S.C. § 6972 (a)(1)(A); 3) RCRA violation for handling, storage, treatment, transportation or disposal of solid or hazardous…

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