Homefed Village III Master, LLC v. Otay Landfill, Inc.

Facts as Established on Plaintiff’s Resource Conservation and Recovery Act 22 (“RCRA”), 42 U.S.C. § 6901, et seq. claim. [ECF No. 95]. Defendants Otay Landfill 23 (“OLI”) and Recycling International dba LKQ Pick Your Part (“LKQ”) each filed a 24 Response in Opposition, and Plaintiff HomeFed filed Replies to the Oppositions. The 25 matter is submitted on the briefs without oral argument. See Civ. L. R. 7.1(d)(1). For 26 the reasons stated below, Plaintiff’s Motions are denied. 27 // 28 I. PERTINENT FACTUAL BACKGROUND Plaintiff HomeFed, is the master develop of a 436-acre residential and commercial subdivision in the City of Chula Vista, consisting of 900 single-family homes plus apartments and commercial structures, called Village III. Village III is bordered on the north by Defendant OLI’s landfill and on the west by LKQ’s auto salvage yard. In 2017, Plaintiff encountered groundwater contaminated with oil and fuel products while excavating a trench for the installation of a storm drain. HomeFed engaged expert hydrogeologist Gary McCue after the discovery of the contaminated water and constructed sumps and storm drain trench cutoff…