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Barton v. Meddock

ELR Citation: 42 ELR 20038
Nos. 2:11-cv-003349, (E.D. Cal., 02/06/2012) (Burrell, Jr.)

A district court remanded to state court landowners' claims for damages caused by defendants' alleged disposal of hazardous materials on their property. The landowners originally filed the suit in state court, but the defendants removed the case to federal court, arguing that the case involves a CERCLA cleanup. But there are no CERCLA claims on the face of the complaint. In addition, the defendants failed to demonstrate that this case involves a CERCLA cleanup under the public enforcement statutory provisions. EPA's act of forwarding a private citizen's complaint to a county agency for follow-up does not constitute EPA's exercise of authority under CERCLA.