ELR Citation: ELR 20470
No(s). s. 86-6464, -6733 (9th Cir. Feb 25, 1988)

The court rules that prior federal authorization is not required for private parties to recover response costs under §107(a) of the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA). The court also holds that prior state or local action is not required for private actions under §107(a). Nothing in §107(a) indicates that a private party must await such approval, CERCLA provides no mechanism through which a private party could seek approval from state or local governments or prompt them to take action, there is no indication that Congress intended state and local governments to devote their limited resources to this procedure, and defendants are protected from paying for ill-conceived cleanup actions by §107(a)'s requirement that response costs were necessary and consistent with the national contingency plan. The court holds that the testing and security expenditures alleged by plaintiff are recoverable costs of response under CERCLA §101(23). The court holds that plaintiff's claim for a declaration that defendants are solely liable under CERCLA and other laws for the existence of hazardous substances at the site is ripe for review, since plaintiff has alleged that defendants have disposed of waste at the site. The absence of a government enforcement action does not render this declaratory relief claim premature. The court rules that CERCLA does not establish a private right-of-action for injunctive relief. To imply a private right-of-action for injunctive relief in §107(a) would render the express grant of injunctive authority to the federal government in §106(a) redundant.

[District court decisions appear at 14 ELR 20376 and 20716.]

Counsel for Plaintiff-Appellant
Gregory R. Smith
Irell & Manella
Suite 900, 1800 Avenue of the Stars (Century City), Los Angeles CA 90067-4276
(213) 277-1010

Counsel for Defendants-Appellees
Stephen T. Swanson
Lawler, Felix & Hall
700 S. Flower St., Los Angeles CA 90017
(213) 629-9300

Before Chambers and Poole, JJ.