Jump to Navigation
Jump to Content

Asarco LLC v. Shore Terminals LLC

ELR Citation: 42 ELR 20004
Nos. C 11-01384 WHA, (N.D. Cal., 12/13/2011) (Alsup, J.)

A district court dismissed a property owner's contribution action against a railroad company for failure to state a claim. The property owner failed to allege any facts that explain why the company is liable for a portion of the site cleanup. It failed to explain how the company came to be involved in this contribution action other than noting that one of the company's railroad lines is the southern boundary of the site. The owner also failed to explain whether or not the company transported hazardous chemicals to the site, or otherwise how the company is responsible for hazardous substances migrating to the site. The owner also failed to state a plausible claim for contribution under California law.