Jarose

I. BACKGROUND1

1 A. Factual Background 2 This action concerns environmental contamination in the area of Fifth and J Streets in 3 Eureka, California, on and around the Humboldt County Civic Center (“Civic Center”). In 1993, 4 as part of its development of the Civic Center, Defendant acquired from John R. Braun (“Braun”) 5 a parcel of land located at 411 J Street (the “Braun Parcel”). The Braun Parcel was contaminated 6 with certain hazardous waste, including perchloroethylene (“PCE”). 7 Contamination of the Braun Parcel with PCE is the result of the operation of a dry cleaner 8 on the property from the late 1940s to early 1970s. Braun acquired the property in 1971 and 9 transferred it to Defendant through inverse condemnation proceedings in 1993. Braun and 10 Defendant were aware of subsurface PCE contamination at the time of the transfer; however, the 11 extent of the contamination was undetermined. Braun and Defendant executed a stipulated 12 judgment approving Defendant’s condemnation of the Braun Parcel and compensation to Braun 13 for the taking. Under the terms of the stipulated judgment, Braun “is responsible for all costs of 14 hazardous waste cleanup originating on…