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Citizens Development Corp., Inc. v. San Diego, County of

ELR Citation: 47 ELR 20051
Nos. 12CV0334 GPC KSC, (S.D. Cal., 03/23/2017) (Curiel, J.)

A district court held that cow manure can be a hazardous substance under CERCLA. A citizen group sued a dairy farm for its part in contaminating Lake San Marcos. The dairy farm moved for judgment on the pleadings on the grounds that no actionable hazardous release was claimed. The court held that CERCLA clearly identifies phosphorus, ammonia as nitrogen, and nutrients found in fertilizers, pesticides, and sewage as qualifying “hazardous substances.” The motion was denied.