Judge: Government’s Closure Of Mine Does Not Make It An Operator

Mealey's (September 23, 2016, 8:51 AM EDT) -- SACRAMENTO, Calif. — The federal government’s enforcement of War Production Board Limitation Order L-208(Rule L-208) during World War II at the Lava Cap Mine does not make it an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a federal judge in California ruled Sept. 21 in granting the government’s motion for summary judgment on a defendant’s counterclaim for contribution (United States of America, et al. v. Sterling Centrecorp Inc., et al., No. 08-cv-02556, E.D. Calif.; 2016 U.S. Dist. LEXIS 128371).

(Opinion available. Document...
To view the full article, register now.