State Agencies Were Not Operators Under CERCLA, California Federal Judge Says

(August 2, 2023, 2:37 PM EDT) -- SACRAMENTO, Calif. — Two California agencies that oversaw the remediation of a contaminated former wood preserving facility were not operators under the Comprehensive Environmental Response, Compensation, and Liability Act because the counterclaims brought against them by a group of intervening insurers contained no allegations that the agencies controlled the facility while hazardous substances were being released, a California federal judge held in granting the agencies’ motion to dismiss....