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ULVESTAD v. CHEVRON U.S.A., INC.

No. SACV 91-296-GLT.

818 F.Supp. 292 (1993)

Norvald L. ULVESTAD, As Trustee for the Norvald L. Ulvestad Trust, Plaintiff, v. CHEVRON U.S.A., INC., a corporation; and DOES 2 through 100 inclusive, Defendants.

United States District Court, C.D. California.

April 6, 1993.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, Joel S. Moskowitz, Jeffrey D. Dintzer, Los Angeles, CA, for plaintiff Norvald L. Ulvestad as Trustee for Norvald L. Ulvestad Trust.

Linda Sutton, Michael A. Taitelman, Alschuler, Grossman & Pines, Los Angeles, CA, for defendant Chevron U.S.A. Inc.

James R. Cutright, Acting Chief Counsel, Joan A. Markoff, Staff Atty., California Environmental Protection Agency Dept. of Toxic Substances Control, Sacramento, CA, for State of Cal., Dept. of Toxic Substances Control, for amicus curiae.

ORDER GRANTING MOTION TO DISMISS THIRD AND FOURTH CAUSES OF ACTION

TAYLOR, District Judge.

This case raises the issue, on apparent first impression, whether the petroleum exclusion provision of California's Hazardous Substance Account Act excludes refined petroleum from the Act's regulation. The court holds that, like the federal act (CERCLA, or "Superfund") after which it is modeled, the California Act excludes regulation of refined petroleum, including...

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