ELR Citation: ELR 20965
No(s). CV-F-92-5685-REC (E.D. Cal. Apr 15, 1994)

The court holds that California may recover as "removal or remedial costs" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) the supervisory costs it incurs in overseeing private cleanup of groundwater contaminated with chlorinated solvent contamination at a site in California. The court holds that these supervisory costs are "necessary" and fall within CERCLA §101(23)'s broad definition of "removal." Moreover, CERCLA §101(24) explicitly provides that the terms "removal" and "remedial action" include related enforcement activities. The court notes that the Third Circuit's decision to the contrary in United States v. Rohm & Haas Co., 23 ELR 21345 (1993), is neither binding nor persuasive.

Counsel for Plaintiffs
Russell G. Van Rozeboom
Wild, Garter, Tipton & Oliver
246 W. Shaw Ave., P.O. Box 16339, Fresno CA 93755
(209) 224-2131

Counsel for Defendants
Michael L. Jones
Henry, Meier, Jones & Travis
Thanksgiving Tower
1601 Elm St., Ste. 3710, Dallas TX 75201
(214) 954-9700