Long Beach Unified School District v. Dorothy B. Godwin California Living Trust, and Mobil Oil Corporation, Powerine Oil Co.

KOZINSKI, Circuit Judge.

We must decide whether the holder of an easement burdening land which contains a hazardous waste facility is, by virtue of that interest alone, liable for cleanup costs as an “owner” or “operator” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq.

I

Appellant, Long Beach Unified School District (“the district”), bought land from the Dorothy B. Godwin California Living Trust and the Grover Godwin California Trust (“the trusts”). Before the sale, this land was leased to the Schafer Bros. Transfer and Piano…