Lead Paint On County’s Buildings Creates Triable CERCLA Issue, Judge Says

Mealey's (November 30, 2020, 12:37 PM EST) -- SACRAMENTO, Calif. — The presence of excessive levels of lead detected in soil on properties that were owned by a county that built then demolished buildings with lead paint sufficiently supports a third-party contribution claim brought by defendants in a Comprehensive Environmental Response, Compensation, and Liability Act against the county, a federal judge in California ruled Nov. 17 in denying the county’s motion for summary judgment, finding that the presence of the substance can cause the defendants to incur response costs....