ELR Citation: ELR 20190
No(s). 06-56718 (9th Cir. Aug 2, 2010)

The Ninth Circuit held that a city was not entitled to response costs incurred as a result of perchlorate contamination in its water supply. In response to the contamination, the city implemented a wellhead recovery program. It now seeks recovery of costs associated with that program. But the city failed to show that such costs were necessary and consistent with the national contingency plan (NCP). And because the city could not show that it was entitled to recover any of its past costs, its claim for declaratory relief as to its future costs also failed. Declaratory relief is available only if liability for past costs has been established under CERCLA §107. Providing declaratory relief based on mere assurances of future compliance with the NCP would create little incentive for parties to ensure that their initial cleanup efforts are on the right track.