Lennar Mare Island, LLC v. Steadfast Insurance

Good Law
176 F. Supp. 3d 949·2016 WL 1267786·2016 U.S. Dist. LEXIS 44957
United States District Court, Eastern District of CaliforniaMarch 31, 2016No. 2:12-cv-02182-KJM-KJNCalifornia11,315 words

Opinion

Lead Opinion

Mueller, J.

ORDER

Lennar Mare Island, LLC (LMI), CH2M Hill Constructors, Inc. (CCI), and Steadfast Insurance Company dispute their obligations with respect to the cleanup of Mare Island, a former U.S. Navy shipyard. This order addresses LMI’s motions for partial summary judgment of the definitions of “Government Authority” and “Known Pollution Conditions.” ECF Nos. 160, 186. The court held a hearing on August 7, 2015. Ryan Werner appeared for LMI, Deborah Ballati and Amanda Hair-ston appeared for CCI 1 , and Dale Oliver and John Purcell appeared for Steadfast. The court allowed post-hearing briefing, now on file. The motions are GRANTED IN PART as set forth in this order.

1. UNDISPUTED FACTS

The parties do not dispute this case’s general history, which the court has summarized in previous orders. See Order Feb. 28, 2014, at 6-9, ECF No. 95; Order May 15, 2014, at 2-4, ECF No. Ill; 2 Order Apr. 7, 2015, at 2-3, ECF No. 264. 3 The claims here stem from environmental clean-up work LMI and CCI have undertaken at the former U.S. Navy shipyard on Mare Island in Vallejo, California. LMI agreed to clean up the former base and contracted with CCI, who would investigate and remediate pollution. LMI…

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