The Successor Agency to The Former Emeryville Redevelopment Agency and The City of Emeryville v. Swagelok Company

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THE SUCCESSOR AGENCY TO THE Case No. 3:17-cv-00308-WHO

FORMER EMERYVILLE

8 REDEVELOPMENT AGENCY AND THE

CITY OF EMERYVILLE, ORDER ON MOTION FOR SUMMARY

9 JUDGMENT Plaintiff, 10 Re: Dkt. No. 234 v. 11 SWAGELOK COMPANY, et al., 12 Defendants. 13 14 Defendant Hanson Building Materials Limited (“HBML”) moves for summary judgment 15 on claims brought by the plaintiffs, the Successor Agency to the Former Emeryville 16 Redevelopment Agency and the City of Emeryville (collectively, “Emeryville”), concerning 17 liability under the Comprehensive Environmental Response, Compensation, and Liability Act 18 (“CERCLA”). Because there are disputed facts concerning Emeryville’s theory of alter ego 19 liability and its theory of successor liability, and for the following reasons, summary judgment is 20 GRANTED in part and DENIED in part. 21 BACKGROUND 22 I. FACTUAL BACKGROUND 23 This case arises from a property in Emeryville,…