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Otay Land Co. v. United Enters. Ltd.

ELR Citation: 39 ELR 20166
Nos. Nos. 06-56132 et al., (9th Cir., 07/22/2009)

The Ninth Circuit dismissed as unripe property owner's CERCLA and RCRA claims against the former owners for the costs of removing lead and other pollutants deposited on the land, which had been used as a shooting range. The owner's asserted cleanup costs are speculative and were calculated without regard to the requirements of the national contingency plan. Moreover, no public agency has indicated the need for remediation of the subject property, and the owner failed to show that the property currently poses an imminent and substantial endangerment to health or the environment. Accordingly, the case is not ripe for judicial review.