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U.S. v. IRON MOUNTAIN MINES, INC.

No. CIV-S-91-768 DFL JFM.

952 F.Supp. 673 (1996)

UNITED STATES of America, Plaintiff, v. IRON MOUNTAIN MINES, INC., et al., Defendants. STATE OF CALIFORNIA, Plaintiff, v. IRON MOUNTAIN MINES, INC., et al., Defendants. And Related Cross-, Counter-, and Third-Party Claims.

United States District Court, E.D. California.

December 27, 1996.

Attorney(s) appearing for the Case

Paul B. Galvani, Thomas H. Hannigan, Jr., Emily Germain Shea, Ropes & Gray, Boston, MA, Thomas G. Redmon, Matthew W. Powell, Wilke, Fleury, Hoffelt, Gould & Birney, Sacramento, CA, for Rhone Poulenc Basic Chemicals Co.

Michael Brian Hingerty, U.S. Environmental Protection Agency, Regional Counsel, San Francisco, CA, Martin F. McDermott, U.S. Department of Justice, Environmental Defense Section, Environment and Natural Resources Division, Washington, DC, David B. Glazer, U.S. Department of Justice, Environmental Enforcement Section, San Francisco, CA, Richard B. Stewart, United States Department of Justice, Land and Natural Resources Division, Washington, DC, Yoshinori H.T. Himel, Assistant U.S. Attorney, Sacramento, CA, for U.S.

Mary Elizabeth Hackenbracht, Margarita Padilla, Sara J. Russell, California State Attorney General, Oakland, CA, for State of Calif.

MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

The State of California ("the State") moves to dismiss Rhone-Poulenc's counter- and cross-claims brought under CERCLA. The motion is prompted by the Supreme Court's recent decision in Seminole Tribe of Florida v. Florida, ___ U.S. ____, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). In a prior ruling, the State and the United States sought to dismiss Rhone-Poulenc's federal and state law counterclaims...

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