ELR Citation: ELR 20469
No(s). C-85-20383 SW (N.D. Cal. Dec 21, 1987)

The court holds that plaintiffs in a private action for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cannot recover the costs of medical exams and the value of lost property, but may recover costs incurred in the destruction and removal of personal property as part of the cleanup. The court holds that plaintiffs, residents and owners of property contaminated with dioxin in Times Beach, Missouri, cannot recover the costs of their medical exams. The definitions of response and removal in CERCLA §101 provide only for reimbursement for the removal and cleanup of hazardous waste from the environment, and do not address monitoring of individuals for personal health reasons. The court also holds that plaintiffs cannot obtain compensation for the loss of property destroyed or diminished in value because of contamination, or for property purchased by the federal government for less than half of its market value. Economic damages for loss of property are not covered by CERCLA. Such losses do not constitute part of the cost of permanent relocation, which is included in the definition of remedial action under CERCLA §101(24). However, the court holds that plaintiffs may recover costs incurred in the action of destroying or removing personal property as part of the cleanup, as opposed to the cost of the property itself.

Counsel for Plaintiffs
Alan Kanner
1718 Locust St., Philadelphia PA 19106
(215) 546-6661

Counsel for Defendants
Joseph M. Spivey III
Hunton & Williams
707 E. Main St., Richmond VA 23212
(804) 788-8200