ELR Citation: ELR 21312
No(s). 88-C-550-E (N.D. Okla. Jun 15, 1989)

The court holds that private plaintiffs seeking reimbursement under the Comprehensive Environmental Response, Compensation, and Liability Act of their closure costs at a sanitary landfill have failed to establish that their response costs are consistent with the National Contingency Plan. Plaintiffs failed to perform an adequate remedial investigation/feasibility study, provide for public comment concerning the selected remedy, or show that their remedial actions were cost effective. The court also dismisses plaintiffs' state-law unjust enrichment claim, since defendant was never deemed liable for the closure of the landfill and thus received no benefit by not having to expend cleanup costs.

Counsel for Defendant
Charles W. Shipley, Blake K. Champlin
Shipley & Schneider
3401 First National Tower, Tulsa OK 74103
(918) 582-1720

Counsel for Plaintiffs
David A. Carpenter
320 S. Peoria, Ste. 507, Tulsa OK 74103
(918) 749-0050

Dennis C. Cameron
Gable & Gotwals
2000 Fourth National Bank Bldg., Tulsa OK 74119
(918) 582-9201