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CALIFORNIA DEPT. OF TOXIC SUBSTANCES v. HEARTHSIDE

No. 09-55389.

613 F.3d 910 (2010)

State of CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL, a State Agency, Plaintiff-Appellee, v. HEARTHSIDE RESIDENTIAL CORPORATION, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 22, 2010.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Donald A. Robinson (argued), Supervising Deputy Attorney General, Los Angeles, CA, for the plaintiff-appellee.

Marc C. Forsythe, Goe & Forsythe, LLP, Irvine, CA, for the defendant-appellant.

Before: DOROTHY W. NELSON and RONALD M. GOULD, Circuit Judges, and JAMES S. GWIN, District Judge.

OPINION

GOULD, Circuit Judge:

This appeal presents a question of first impression whether "owner and operator" status under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9607(a)(1), is determined at the time that cleanup costs are incurred or instead at the time that a recovery lawsuit seeking reimbursement is filed. We hold that the owner of the property at the time cleanup costs are incurred is the...

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