USA v. Shell Oil Co

I. INTRODUCTION

1. The government plaintiffs in this action, the United States of America (“United States”), on behalf of the Administrator of the United States Environmental Protection Agency, and the State of California, ex rel., California Department of Health Services, Hazardous Substance Account, and Hazardous Substance Cleanup Fund (“State”), filed a Complaint in this matter pursuant to Sections 107 and 113(g)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9607 and 9613(g)(2), as amended (“CERCLA”), on February 1, 1991. 2. The Complaint seeks, among other relief, reimbursement of response costs incurred, and a declaration of liability for response costs to be incurred by the United States and State for response actions in connection with the release or threatened release of hazardous substances at the McColl Superfund Site in Fullerton, Orange County, California (“Site”). 3. The release or threatened release of hazardous substances at or from the Site has caused the United States and the State to incur response costs as defined by Section 101(25) of CERCLA, 42 U.S.C. § 9601(25). 4. On September 28, 1993, this Court…