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LONG BEACH UNIFIED SCH. DIST. v. GODWIN LIV. TRUST

No. 92-56562.

32 F.3d 1364 (1994)

LONG BEACH UNIFIED SCHOOL DISTRICT, Plaintiff-Appellant, v. DOROTHY B. GODWIN CALIFORNIA LIVING TRUST, et al., Defendants, and Mobil Oil Corporation, Powerine Oil Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Mark C. Allen, III, Wise, Wiezorek, Timmons & Wise, Long Beach, CA, for plaintiff-appellant.

Gary J. Smith and Theresa Cho, Beveridge & Diamond, San Francisco, CA, for Mobil Oil Corp.

John F. Cermak, Jr., Rodi, Pollock, Pettker, Galbraith & Phillips, Los Angeles, CA, for Powerine Oil Co.

Before: KOZINSKI and TROTT, Circuit Judges, and WILLIAMS, District Judge.

KOZINSKI, Circuit Judge.

We must decide whether the holder of an easement burdening land which contains a hazardous waste facility is, by virtue of that interest alone, liable for cleanup costs as an "owner" or "operator" under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

I

Appellant, Long Beach Unified School District ("the district"), bought land from the

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