ELR Citation: ELR 21462
No(s). 91-14199-CIV (S.D. Fla. Mar 1, 1994)

The court holds that lessees of a gas station and bulk petroleum storage facility contaminated by petroleum products adequately stated causes of action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against the facility's former lessees for recovery of costs the lessees incurred in remediating the site. The complaint alleges that hazardous substances were present on the property, that the former lessees were operators of the "facility" at the time of "disposal and release" of hazardous substances, and that lessees had incurred necessary response costs consistent with the National Contingency Plan. The court refuses to exercise supplemental jurisdiction over the lessees' state-law causes of action, however, because the claims are separate and distinct from the underlying CERCLA claims, they raise novel and complex issues of state law, and the lessees have a pending state court action that includes all of the state common-law claims.

Counsel for Plaintiffs
Jeffrey J. Harmon
Cors & Bassett
1200 Carew Tower, Cincinnati OH 45202
(513) 852-8200

Counsel for Defendants
Jordan I. Fields
Fields & Wilkinson
416 Cortez Ave., Stuart FL 34994
(407) 286-0890