Water Utility Beats CERCLA Claims Over Well Pumping

Law360, New York (November 14, 2013, 1:27 PM EST) -- A California judge ruled Wednesday that a dry-cleaning business can't use the Comprehensive Environmental Response, Compensation and Liability Act to force groundwater pollution costs on a water utility, saying the utility's well pumping was not a "disposal" of contaminants triggering liability.

Senior U.S. District Judge Anthony W. Ishii determined that California Water Service Co. faces no liability under CERCLA for contamination of property surrounding Viola and Gary Coppola's dry-cleaning business without an allegation that its well operations drew in or dispersed water as an "act of...
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