Legal Opinion
California Department of Toxic Substance Control v. Hearthside Residential Corp.
Court of Appeals for the Ninth Circuit
Decided July 22, 2010No. 09-55389PublishedCited by 15 opinions
1Opinion of the Court
OPINION
GOULD, Circuit Judge:
This appeal presents a question of first impression whether “owner and operator” status under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9607(a)(1), is determined at the time that cleanup costs are incurred or instead at the time that a recovery lawsuit seeking reimbursement is filed. We hold that the owner of the property at the time cleanup costs are incurred is the current owner for purposes of determining CERCLA liability-
I
In 1999, Hearthside Residential Corporation (“Hearthside”) bought an undeveloped…
2Cases cited12 opinions
- United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
- Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
- Fireman's Fund Insurance Company, a California Corporation v. City of Lodi, California, Jack Sieglock, in His Capacity as Mayor of the City of Lodi Richard Prima, Jr., in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650 Randall A. Hays, Individually and in His Capacity as Lodi City Attorney Michael C. Donovan, Individually and in His Capacity as Lodi Assistant City Attorney Adam L. Babich, Individually and in His Capacity as Lodi Assistant City Attorney Steven H. Doto, Individually and in His Capacity as Lodi Assistant City Attorney Bret A. Stone, Individually and in His Capacity as Lodi Assistant City Attorney John R. Till, Individually and in His Capacity as Lodi Assistant City Attorney Zevnik, Horton, Guibord and McGovern Llp, Individually and in Their Capacity as Lodi Assistant City Attorneys Fran E. Forkas, in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650, Unigard Insurance Company, a Washington Corporation Unigard Security Insurance Company, a Washington Corporation v. City of LodiCourt of Appeals for the Ninth Circuit · 2002
- Small v. United StatesSupreme Court of the United States · 2005
- Nurad, Inc. v. William E. Hooper & Sons Co.Court of Appeals for the Fourth Circuit · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chubb Custom Insurance Company v. Space Systems/ Loral, Inc.Court of Appeals for the Ninth Circuit · 2013
- Coppola v. SmithDistrict Court, E.D. California · 2013
- New York State Electric & Gas Corp. v. FirstEnergy Corp.District Court, N.D. New York · 2011
- Anderson Brothers, Inc. v. St. Paul Fire and Marine InsurCourt of Appeals for the Ninth Circuit · 2013
- Peter Voggenthaler v. Maryland Square LLCCourt of Appeals for the Ninth Circuit · 2013
10 more not listed; retrieve them via the Exa API.