ELR Citation: ELR 20011
No(s). 04-55024 (9th Cir. Jan 12, 2006)

The court upholds the denial of a property owner's request for cleanup costs against a former lessee of the property. There are no genuine issues of material fact regarding whether the property owner substantially complied with the national contingency plan (NCP). The property owner afforded the public no opportunity to comment on, or even learn of, the proposed remediation plan, and it failed to produce any evidence that it in any way complied with the feasibility study requirement of the NCP. The former lessee was therefore entitled to summary judgment on the property owner's claims.

[Prior decisions in this litigation are published at 28 ELR 21201, 31 ELR 20141, and 32 ELR 20180.]