USA v. Sterling Centrecorp Inc. et al
Filing
329
ORDER signed by District Judge Morrison C. England, Jr. on 2/8/18 GRANTING 305 DTSC's MOTION. (Kaminski, H)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
UNITED STATES OF AMERICA, and
CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,
16
17
18
ORDER REGARDING DTSC’S
ENFORCEMENT COSTS
Plaintiffs,
14
15
2:08-cv-02556-MCE-DB
v.
STERLING CENTRECORP INC.,
STEPHEN P. ELDER, and ELDER
DEVELOPMENT, INC.,
Defendants.
19
20
21
22
23
24
25
26
27
The Court having reviewed the motion of Plaintiff the California Department of Toxic
Substances Control (“DTSC”) against Defendants Sterling CentreCorp, Inc. (“Sterling”), Stephen
P. Elder and Elder Development, Inc. (collectively, “Elder”) for an award of enforcement
response costs, the declarations and exhibits in support thereof, as well as the opposition and
reply papers, and good cause appearing;
IT IS HEREBY ORDERED that:
1) DTSC’s motion ((ECF No. 305) is GRANTED.
28
1
Order (2:08-cv-02556-MCE-DB)
1
2) As of April 5, 2016, DTSC incurred recoverable unreimbursed enforcement
2
response costs of at least $476,754.94 in connection with the Lava Cap Mine
3
Superfund Site in Nevada County;
4
3) These costs were not inconsistent with the National Contingency Plan and are
5
therefore recoverable against Defendants pursuant to section 107(a) of the
6
Comprehensive Environmental Response, Compensation and Liability Act, 42
7
U.S.C. § 9607(a).
8
9
IT IS SO ORDERED.
Dated: February 8, 2018
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Order (2:08-cv-02556-MCE-DB)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?