Calif. Contamination Cases: Response Cost Recovery Guide

By Kimberly Bick (June 15, 2017, 12:40 PM EDT) -- On June 1, the Court of Appeals for the Fourth Appellate District of the state of California affirmed in part and reversed in part, and remanded with directions, the appeal by the Orange County Water District (OCWD) of the Superior Court of Orange County's judgment in favor of the defendants in the underlying case. Orange County Water District v. Alcoa Global Fasteners (2017) _ Cal.App.5th _ , 2017. Importantly, the appellate court ruled that the OCWD was entitled to assert a claim under the Carpenter-Presley-Tanner Hazardous Substances Account Act (HSAA), but it is not a "state" and therefore, it is not exempt from the requirements of the national contingency pan (NCP) under the Comprehensive Environmental Response, Compensation and Liability Act....

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