City of Fresno v. United States

MEMORANDUM DECISION RE: DEFENDANT BOEING’S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, SUMMARY ADJUDICATION OF THE CITY OF FRESNO’S RCRA CLAIM (Doc. 225)

OLIVER W. WANGER, District Judge.

I. INTRODUCTION.

Defendant the Boeing Company now moves, pursuant to Federal Rule of Civil Procedure Rule 56, to dismiss the City’s RCRA claim on the ground that the Court lacks subject matter jurisdiction over the claim under § 113(h) of CERCLA. Alternatively, Boeing argues that the claim is moot because the activities the City seeks to enjoin are already underway, and because there is no imminent and…