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CITY OF POMONA v. SQM NORTH AMERICA CORP.

Nos. 12-55147, 12-55193.

750 F.3d 1036 (2014)

CITY OF POMONA, Plaintiff-Appellant, v. SQM NORTH AMERICA CORPORATION, Defendant-Appellee. City of Pomona, Plaintiff-Appellee, v. SQM North America Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2014.

Attorney(s) appearing for the Case

Victor M. Sher (argued), and Todd E. Robins , Esther L. Klisura , and Jed J. Borghei , Sher Leff, LLP, San Francisco, CA; Arnold M. Alvarez-Glasman and Andrew L. Jared , Alvarez-Glasman & Colvin, City of Industry, CA, for Plaintiff-Appellant/Cross-Appellee.

Michael K. Johnson (argued), and R. Gaylord Smith , Malissa Hathaway McKeith , and Lisa Willhelm Cooney , Lewis Brisbois Bisgaard & Smith, LLP, San Franscisco, CA, for Defendant-Appellee/Cross-Appellant.

Before: HARRY PREGERSON and RICHARD C. TALLMAN, Circuit Judges, and MICHAEL H. SIMON, District Judge.

OPINION

SIMON, District Judge:

After excessive levels of the chemical perchlorate were found in a city's water system, the city undertook to investigate the source of that contamination and remediate. Using a methodology known as "stable isotope analysis," a scientist hired by the city determined that the most likely dominant source of the perchlorate found in the city's groundwater was sodium nitrate that had...

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