California Dep't of Toxic Substances Control v. Westside Delivery, LLC

ELR Citation: 48 ELR 20072
No(s). 16-56558 (9th Cir. Apr 27, 2018)

The Ninth Circuit held that a property owner who purchased the site at a tax sale is not entitled to CERCLA's third-party defense to liability for cleanup costs. The purchaser had a "contractual relationship" with the prior owner by virtue of the tax sale. Given the breadth of CERCLA's definition of...