Redevelopment Agency of City of Stockton v. BNSF

OPINION

TALLMAN, Circuit Judge:

Appellants BNSF Railway Company and Union Pacific Railroad Company (“the Railroads”) formerly maintained railroad tracks on a parcel of land in Stockton, California, that was contaminated by petroleum. The petroleum was spilled at a nearby industrial site and migrated onto the property via an underground french drain the Railroads had installed in order to remove water from the roadbed. We consider whether the Railroads are liable for the contamination of the property under the law of nuisance or under California’s Polanco Redevelopment Act (“Polanco Act”), Cal.…