USA v. Sterling Centrecorp Inc. et al

Filing 330

ORDER signed by District Judge Morrison C. England, Jr on 2/9/18 GRANTING 304 The United States' Motion. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, and
CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL,
No. 2:08-cv-02556-MCE-DB
Plaintiffs,
ORDER

v.
STERLING CENTRECORP INC.,
STEPHEN P. ELDER and ELDER
DEVELOPMENT, INC.,

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Defendants.

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The Court having reviewed the Motion of the United States of America against

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Defendant Sterling Centrecorp Inc. for an award of enforcement response costs, the declarations

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and exhibits in support thereof, and any opposition thereto, and good cause appearing;

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IT IS HEREBY ORDERED that:

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1.

The United States’ Motion (ECF No. 304) is GRANTED.

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2.

The Court finds that, as of April 5, 2016, the United States had incurred

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recoverable unreimbursed enforcement response costs of at least $2,256,216.31 in connection

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with the Lava Cap Mine Superfund Site in Nevada County, California.

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3.

The Court further finds that these costs are not inconsistent with the National

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Contingency Plan and are therefore recoverable under Section 107(a) of the Comprehensive

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Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9607(a).

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4.

The Court further finds that the costs sought are reasonable.

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IT IS SO ORDERED.

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Dated: February 9, 2018

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