Shooting Range Falls Outside CERCLA, 9th Circ. Says
By Julie Zeveloff
Law360, New York (July 24, 2009, 11:38 AM EDT) -- Finding that the owners of a defunct shooting range have not demonstrated a reliable basis for claimed cleanup costs under the Comprehensive Environmental Response, Compensation and Liability Act, a federal appeals court has vacated an order of summary judgment in favor of the former property owners and remanded the case to the district court with instructions to dismiss.
In a 2-to-1 vote, the U.S. Court of Appeals for the Ninth Circuit on Wednesday held that the case, filed by Otay Land Co., was not ripe for...