ELR Citation: ELR 20083
(N.D. Cal. Apr 27, 2006)

A court grants in part and denies in part motions to dismiss Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state-law claims against a company that caused the release of hazardous substances on a landowner's property while it was removing equipment from that property. If the landowner is a potentially responsible party (PRP), the company is correct that the landowner's claim for joint and several liability under CERCLA §107 must be dismissed because, as currently pled, the complaint seeks to hold defendants jointly and severally liable for the full amount of the recovery costs. However, to the extent that the company suggests that the landowner can only bring a claim for equitable contribution under CERCLA §113 and not CERCLA §107, it is incorrect. The landowner was given leave to amend the complaint to clarify whether it is a PRP. If so, it is limited to seeking contribution. Alternatively, it may seek joint and several liability against the company if it pleads it is an innocent landowner. In addition, the complaint sufficiently alleges that the company is a PRP, and the landowner's nuisance and negligence claims are not preempted by CERCLA.