Talk about complex litigation. We represent a company who has been tossed into a longstanding CERCLA case in California. The Leach Site and the Mouren-Laurens Site are in Compton, California. These sites have been the subject of hardball litigation between the owners and operators for almost 17 years. The plaintiff in that case, Rev. 973 LLC v. Mouren-Laurens, CV No. 98-10690 (C.D. Cal.), just filed an amended complaint naming 1,300 new defendants (PRPs) that allegedly generated wastes sent to the sites. The plaintiff is now in the process of serving notices on those PRPs that require the new PRPs to appear in the lawsuit by completing a PRP Appearance Notice and taking other required actions within 30 days after receiving the notice. These new parties may not file or serve any other documents in the lawsuit, including motions to dismiss or answers.

The ongoing case management order contemplates site investigation by mid 2015 and establishing procedures sometime in late 2014 for those parties to participate in the litigation. The case involves claims for private cost recovery and contribution under CERCLA and the California Health and Safety Code, for relief under RCRA, and for relief under various other theories. The case is pending before the Honorable Dale S. Fischer in the Central District of California. Judge Carl J. West (ret.) has been appointed as a Special Master. MK Environmental Consulting, Inc., has been appointed as an environmental consultant to conduct certain site investigation work, and site characterization work is ongoing. The defendants claim the cleanup costs will be in the range of $5 million. The plaintiff, Rev 973, llc claims the costs could be as high as $50 million.

If you have been sued in this matter, call Bill Miller at 602-319-6899 to discuss it. Bill’s office is located in Scottsdale Arizona, but he is admitted Pro Hac, in the Federal Court in California who is handling this case.

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