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Arcade Water Dist. v. United States

ELR Citation: 22 ELR 20132
Nos. No. 89-16023, 940 F.2d 1265/(9th Cir., 08/01/1991)

The court holds that a district court erred in concluding that a Federal Tort Claims Act (FTCA) suit by a water district against the United States for contamination of a well by a military laundry is barred by the FTCA's two-year statute of limitations. Applying California law, the court holds that the water district may be able to establish that the contamination is a continuing nuisance, thus allowing the water district to file its FTCA claim more than two years after it discovered the contamination. The fact that the laundry is no longer operating is not material. It is the leaching of contaminants, not the operation of the laundry, that is relevant in characterizing the nuisance.

Counsel for Plaintiff-Appellant
Irving H. Perluss
Clifford, Diepenbrock & Paras
1000 G St., Ste. 400, Sacramento CA 95814
(916) 443-2011

Counsel for Defendant-Appellee
John D. Beling
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before Fletcher & Reinhardt, JJ.