California River Watch v. Fluor Corp.

ORDER GRANTING FLUOR’S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST THE SHILOH GROUP

INTRODUCTION

Fluor Corporation seeks partial summary judgment that The Shiloh Group, the current owner of previously contaminated property that Fluor is investigating and remediating,' is a person liable for 'cost recovery under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) and the California Hazardous Substances Account Act (“HSAA”) and cannot prevail on any affirmative defenses. Fluor does not seek to establish the amount of costs which it can recover from The Shiloh Group. In opposition, The Shiloh Group argues that it has no liability because it did not purchase the property until ten years after Fluor entered into a Consent Order with the California Department of Toxic Substances Control under which Fluor agreed to investigate and remediate environmental conditions on the property.

While this situation is somewhat anomalous, there is no genuine dispute that The Shiloh Group 'meets the elements of a liable person under CERCLA and the'HSAA and that it has not established that Fluor’s claim is time-bárréd or that' it can prevail on any affirmative…