City of Lincoln v. United States of America

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CITY OF LINCOLN, No. 2:16-cv-1164-KJM-AC Plaintiff, v. ORDER UNITED STATES OF AMERICA, et al., Defendants. 16 In the early 1960s, the United States Air Force constructed and operated an intercontinental ballistic missile launch facility whose refuse was taken to a nearby landfill in the City of Lincoln. The City, alleging hazardous material contained in the refuse pollutes underground water today, sues for costs related to the ongoing contamination. The United States now moves for summary judgment on the City’s CERCLA claims and the United States’ counterclaims against the City. For the reasons discussed below, the court GRANTS the motion in part and DENIES it in part. //// //// //// //// //// I. BACKGROUND A. Factual Background The following facts are drawn from defendant United States’ statement of undisputed facts (“US SOF”), ECF No. 75-2, plaintiff City of Lincoln’s…