California ex rel. Ingenito v. United States Army

MEMORANDUM AND ORDER RE: MOTION TO REMAND

I. Procedural Background

Plaintiff originally filed this action in state court against defendant the United States Army for violations of the Hazardous Waste Control Law (“HWCL”), Cal. Health & Safety Code § 25100 et seq. Plaintiffs allegations relate to hazardous waste management activities at the Riverbank Army Ammunition Plant. (Compl. ¶ 1 (Docket No. 1-1).)

Congress invited states to administer their own hazardous waste programs in lieu of the federal program prescribed by the Resource Conservation and Recovery Act (“RCRA”). See 42 U.S.C. § 6926 . California enacted the HWCL as the analogue to RCRA, finding it was in the best interest of Californians for the state to administer its own program. See Cal. Health & Safety § 25101(d).

Defendant removed the action to federal court, pursuant to 28 U.S.C. § 1442 (a)(1), which permits federal officers or agencies named as federal defendants to remove an action relating to acts under the color of federal office that is commenced in state court. 28 U.S.C. § 1442 (a)(1). Plaintiffs now move to remand the action to state *1187 court on the basis that defendant has not met the requirements…