City of Los Angeles v. San Pedro Boat Works

OPINION

BEA, Circuit Judge:

This case calls on us to determine, in the first instance, whether the holder of a revocable permit to use real property is an “owner” of that real property for purposes of imposing liability under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) for the cleanup of hazardous substances disposed on that property by others. A common sense reading of the statute and existing state law persuade us that this permittee, as the holder of a possessory interest, cannot be such an “owner” under CERCLA, and we so hold.

The City of Los Angeles…