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U.S. v. STERLING CENTRECORP INC.

No. 2:08-cv-02556-MCE-JFM.

960 F.Supp.2d 1025 (2013)

UNITED STATES of America, and California Department of Toxic Substances Control, Plaintiffs, v. STERLING CENTRECORP INC., Stephen P. Elder and Elder Development, Inc., Defendants.

United States District Court, E.D. California.

June 24, 2013.

Attorney(s) appearing for the Case

Patricia Lyn Hurst , Paul Cirino , Amy R. Gillespie , Esperanza Anderson , Gabriel M. Allen , Karl John Fingerhood , U.S. Department of Justice, Washington, DC, Jamie Jefferson , California Attorney General's Office, Oakland, CA, Kirk McInnis , Attorney General's Office of the State of California, Oakland, CA, for Plaintiffs.

Stephen P. Elder, Nevada City, CA, pro se.

CONCLUSIONS OF LAW

MORRISON C. ENGLAND, JR., Chief Judge.

I. THE ELEMENTS OF CERCLA LIABILITY1

1. This Court has previously held that in order to establish liability for response costs under Section 107(a) of CERCLA, 42 U.S.C. § 9607(a), Plaintiffs must make a four-part showing. First, Plaintiffs must prove that the Site is a "facility" as defined by CERCLA. Second, they must show that a "release" or "threatened...

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