ELR Citation: ELR 20656
No(s). CIV 83-2501 JMI (C.D. Cal. Jan 9, 1990)

The court holds that the special master properly directed the verdict after finding California liable for pre-1980 activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for cleanup costs at the Stringfellow site. The court holds that by consenting to the trial before the Special Master on the liability issue, the parties consented to his complete disposition of the matter, which may include granting a directed verdict. The special master had authority to issue the order and to direct the verdict in favor of defendant, who had the burden of proof. The court holds that the Special Master correctly concluded from the record that the state conceived of and negligently selected, investigated, and designed the site. The state sent an inexperienced geologist who conducted a 40-minute visual inspection, and conducted no soil, core, or other tests in deciding to locate the waste site at Stringfellow's quarry. The court next holds that the Special Master correctly found that the state negligently failed to remedy the site after it became aware of actual and potential leakage and overflow. Moreover, the court holds that the special master correctly found that the state is an operator, generator, and owner under CERCLA. The state went beyond its mere regulatory capacity by regularly visiting the site, hiring employees, making operational decisions, and controlling waste dumping.

[Previous cases in this litigation are published at 14 ELR 20381, 20799, 20385, and 20388, 15 ELR 20402, 16 ELR 20458, and 17 ELR 20559 and 21134.]

Counsel for Plaintiffs
Donald Robinson
Office of California Attorney
3580 Wilshire Blvd., Ste. 600, Los Angeles CA 90010
(213) 736-2214

Counsel for Third-Party Defendants
Maira Barnette
Stell, Levine & Bookman
727 W. Seventh St., Ste. 1010, Los Angeles CA 90017
(213) 627-2577