United States Ninth Circuit
City of Colton v. Am. Promotional Events, 06-56718
In an action by the City of Colton, California, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs allegedly incurred as a result of perchlorate contamination in its water supply, summary judgment for defendants is affirmed where: 1) plaintiff conceded that it failed to comply with the national contingency plan (NCP) in its past response action; and 2) CERCLA's purposes would be better served by encouraging a plaintiff to come to court only after demonstrating its commitment to comply with the NCP and undertake a CERCLA-quality cleanup.
Appellate Information
- Decided 08/02/2010
- Published 08/02/2010
Judges
- Diarmuid F. O’Scannlain
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Roderick E. Walston, James L. Meeder