Otay Land Co. v. U.E. Ltd., L.P.

ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANTS ON FEDERAL CLAIMS AND DECLINING TO RETAIN JURISDICTION OVER STATE LAW CLAIMS

BENITEZ, District Judge.

I. INTRODUCTION

When a gun enthusiast takes target practice at a public trap and skeet range and lead shot falls back down to earth, does the firing range become a hazardous waste “facility” as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), or does it come within the safe harbor provision created for consumer products in consumer use. In this case of first impression, the Court holds that a…