American International Specialty Lines Insurance Company v. United States of America

Filing 321

FINAL JUDGMENT by Judge A. Howard Matz, in favor of American International Specialty Lines Insurance Company against United States of America. The United States shall pay to AISLIC $3,314,794 as its share of Past Costs. The United States shall pay AISLIC $174,215 in prejudgment interest for the United States' share of Past Costs. See Judgment for additional terms. (MD JS-6, Case Terminated). (kbr)

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LAWRENCE F. JANSSEN (SBN 147471)
MICHAEL R. HEIMBOLD (SBN 173981)
KIRSTEN HICKS SPIRA (SBN 119885)
STEPTOE & JOHNSON LLP
2121 Avenue of the Stars, Suite 2800
Los Angeles, California 90067-5052
Telephone: [phone] // Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
WILLIAM T. HASSLER (admitted pro hac vice)
STEPTOE & JOHNSON LLP
1330 Connecticut Avenue, NW
Washington, D.C. 20036
Telephone: [phone] // Facsimile: [phone]
Email: [e-mail]
FLOYD PERRY BIENSTOCK (admitted pro hac vice)
STEPTOE & JOHNSON LLP
201 East Washington Street, Suite 1600
Phoenix, Arizona 85004
Telephone: [phone] // Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
AMERICAN INTERNATIONAL SPECIALTY
LINES INSURANCE COMPANY

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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AMERICAN INTERNATIONAL
SPECIALTY LINES INSURANCE
COMPANY,

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Plaintiff,

Case No. CV-09-1734 AHM (RZx)
[Consolidated with Case No.
CV-06-04686-AHM (RZ)]
FINAL JUDGMENT

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JS-6

vs.

Assigned to the Hon. A. Howard Matz

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UNITED STATES OF AMERICA,

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Defendant.

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FINAL JUDGMENT
Doc. # DC-8137829 v.1

FINAL JUDGMENT

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It is hereby adjudged and ordered as follows, consistent with the Court’s

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Findings of Fact and Conclusions of Law dated June 30, 2010, and January 9,

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2013:

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1.

This judgment relates to remediation of the former manufacturing site

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located at 22116 West Soledad Canyon Road in Santa Clarita,

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California and formerly owned by the Bermite Powder Company

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(referred to below as the “Site”).

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2.

Under the Comprehensive Environmental Responsibility,

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Compensation and Liability Act (“CERCLA”), the United States is

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liable for an equitable share of costs of remediation related to the Site

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as provided by 42 U.S.C. § 9613. The United States’ liability in this

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case is based on its roles both as the owner of a covered facility and as

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an arranger of waste disposed of at the Site.

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3.

The United States’ equitable share of response costs incurred related

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to the Site shall be 40% of the total costs expended by American

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International Specialty Lines Insurance Company (“AISLIC”) (now

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known as Chartis Specialty Insurance Company) that are necessary

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and consistent with the National Contingency Plan (“NCP”).

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4.

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AISLIC on or prior to January 31, 2010.
5.

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The United States shall pay to AISLIC $3,314,794 as its share of Past
Costs.

6.

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As used herein, “Past Costs” shall mean response costs paid by

The United States shall pay AISLIC $174,215 in prejudgment interest
for the United States’ share of Past Costs.

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The United States shall pay 40% of all necessary and NCP consistent
response costs related to the Site paid by AISLIC after January 31,

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FINAL JUDGMENT
Doc. # DC-8137829 v.1

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2010, in accordance with the rulings in the Court’s Findings of Fact

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and Conclusions of Law dated January 9, 2013.

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8.

The United States shall pay prejudgment interest on its equitable share

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of the necessary and NCP consistent response costs related to the Site

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paid by AISLIC after January 31, 2010 through the date of final

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judgment, in accordance with the rulings in the Court’s Findings of

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Fact and Conclusions of Law dated January 9, 2013, and with the

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prior stipulation of the parties regarding prejudgment interest (Dkt.

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256).

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9.

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The Court’s Findings of Fact and Conclusions of Law dated June 30,
2012, and January 9, 2013 are incorporated herein by reference.

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This judgment applies to AISLIC’s claims in this action and the

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consolidated action in which AISLIC intervened, Steadfast Insurance

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Company v. United States of America, Docket 2:06-cv-04686-AHM-

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RZ.

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11.

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Final judgment shall be entered by the Clerk and this case shall be
terminated.

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DATED: January 31, 2013

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_________________________________
A. Howard Matz
U.S. District Court Judge

JS-6

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FINAL JUDGMENT
Doc. # DC-8137829 v.1