California Court of Appeal

Orders sustaining demurrers without leave to amend, and dismissing civil action filed by state regarding spillage of calcium oxide are reversed where federal law does not preempt: 1) the state requirement of immediate verbal notification of the spill and imposition of a civil penalty; or 2) liability for remedial measures, such as abatement, cleanup, assessment and remediation of environmental injury, and consequential damages. However the imposition of civil penalties for the alleged failure to train employees and for the fact of the spillage itself are preempted by federal law.

Appellate Information

• Decided 08/02/2006
• Published 08/02/2006

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Theodora Berger, Senior Assistant Attorney General, Susan S. Fiering and Harrison M. Pollak, Deputy Attorneys General, for Plaintiff and Appellant.


• For Appellees:
  
• Law Office of Stevens & O'Connell, Craig C. Allison, Sacramento;  Michael L. Whitcomb, Monterey Park;  Reed Smith and Joseph P. Mascovich, for Defendant and Respondent Union Pacific Railroad Company., Morrison & Foerster, Andrew B. Sabey and Robin S. Stafford, San Francisco, for Defendant and Respondent Chemical Lime Company of Arizona.