|RECENT FEDERAL DECISIONS|
District Court Holds Environmental Remediation Firm Can Be Liable as an ‘Operator’ under CERCLA
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KFD Enterprises, Inc. v. City of Eureka, ___F.Supp.2d___
KFD Enterprises, Inc. (KFD), the plaintiff and owner of a dry cleaning business (KFD); crossclaimant City of Eureka, California (Eureka); and cross-claimant Winzler & Kelly (W & K) sued an environmental consulting firm (Environmental Resolutions, Inc., or ERI) for contamination of the site where KFD owned its business, asserting claims for, inter alia, cost recovery under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) § 107(a); statutory indemnity under California’s Hazardous Substance Account Act (HSAA); common law continuing torts of trespass and nuisance; and indemnity and contribution under state law.
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Read related items on:
Statutes - Federal) Comprehensive Environmental Response, Compensation and Liability Act) Operator Liability
Statutes - Federal) Comprehensive Environmental Response, Compensation and Liability Act) Remediation Firm Liability
Northern District of California
KFD Enterprises Inc. v. City of Eureka