RECENT FEDERAL DECISIONS

September 2003

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District Court Approves Relaxed Burden of Proof for CERCLA Plaintiffs
Castaic Lake Water Agency v. Whittaker Corp.

Following appellate authority from other jurisdictions, the United States District Court for the Central District of California has adopted a burden of proof very favorable for plaintiffs seeking contribution or cost recovery under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. The court held that if the plaintiff shows merely a “plausible migration pathway” between the plaintiff’s and the defendant’s sites, the burden of proof will then shift to defendant to prove that its site is not the source of contamination found on the plaintiffs’ property.