ELR Citation: 52 ELR 20121
No(s). 21-55320 (9th Cir. Nov 7, 2022)

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the U.S. government in a CERCLA liability lawsuit, requiring oil companies to reimburse approximately $50 million of EPA's environmental cleanup costs at a Superfund site in California. The government had sought reimbursement of ongoing non-benzol cleanup costs at the site under §107(a) of CERCLA, and the district court granted summary judgment on its request. On appeal, the companies argued the government was required to seek the costs at issue in a claim for contribution under §113(f), rather than a claim for cost recovery under §107(a), because of its liability for a portion of the waste at the site. The appellate court found that because the government's non-benzol costs were voluntarily incurred rather than required by a judgment or other order imposing liability, it could not pursue a §113(f) contribution claim for such costs and properly sought cost recovery under §107(a).