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California Department of Toxic Substances Control v. Westside Delivery, LLC

888 F.3d 1085 (2018)

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California Department of Toxic Substances Control v. Westside Delivery, LLC

United States Court of Appeals for the Ninth Circuit
888 F.3d 1085 (2018)

DD

Facts

The Davis Chemical Company (Davis) operated a solvent-recycling facility on property that it owned in Los Angeles. During the time that it owned the property, Davis contaminated the property by releasing hazardous substances into the soil. After Davis failed to pay property taxes, the Los Angeles County Tax Collector (the tax collector) sold the property at a tax sale to Westside Delivery, LLC (Westside) (defendant). The tax collector executed a tax deed that transferred title to the property from Davis to Westside. Once Westside acquired the property, the California Department of Toxic Substances Control (the department) (plaintiff) began conducting cleanup efforts at the property. Upon completing the cleanup, the department filed suit, contending that Westside was responsible for the cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The district court found that Westside was not responsible for the cleanup costs incurred by the department. The department appealed.

Rule of Law

Issue

Holding and Reasoning (Graber, J.)

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