ELR Citation: 55 ELR 20088
No(s). 24-cv-03899-VC (N.D. Cal. Jul 3, 2025) (Chhabria, J.)

A district court granted in part and denied in part the Navy's motion to dismiss a lawsuit concerning a decades-long radioactive waste cleanup at a naval shipyard in San Francisco. An environmental group argued that the Navy violated the cleanup agreement by rejecting initial strontium samples and switching sampling methods, failed to perform its non-discretionary duty to conduct reviews every five years, and failed to adhere to CERCLA guidance in the fifth five-year review. The court granted the Navy's motion with respect to the first and third claims, but denied it as to the second claim because it alleged a current failure—the Navy's "current policy of shirking a nondiscretionary duty created by CERCLA."