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Coppola v. Smith

ELR Citation: 43 ELR 20255
Nos. 11-01257, (E.D. Cal., 11/12/2013) (Ishii, J.)

A district court dismissed, with leave to amend, a dry cleaning business owner's CERCLA claims against a water company for soil and groundwater contamination. The owner alleged that the water company's operation of a nearby well led to the release of perchloroethylene (PCE). But the complaint does not adequately allege that a "disposal" of PCE occurred at the well. Without a disposal at the well, the water company cannot be held liable under CERCLA §107(a)(2). Further, without a viable claim under §107, there can be no relief for contribution under §113. But because it is not clear whether amending the complaint would be futile, the court dismissed the claims with leave to amend.