Posted by: tommtn | December 20, 2012

DOJ Announces Settlements in Long-Running Perchlorate Litigation Case

The U.S. Department of Justice recently announced two settlements that will end eight years of contentious litigation for the settling parties concerning the B.F. Goodrich Superfund Site and groundwater in the Rialto Colton Basin.  See the Department of Justice announcement here.

For our clients, including the County of San Bernardino and others, these settlements will bring favorable closure to eight years of contentious litigation involving over fifty parties. Response costs are estimated to be in excess of $150 million.  Past operations by various industrial operations, including defense contractors, the Department of Defense and/or fireworks companies, released perchlorate and TCE into the soil and groundwater, leading to two groundwater plumes in the basin.  The divisibility of harm between the two plumes was a contested issue in the litigation.  The settlements provide protection to the settling parties not only through CERCLA section 113(f)(2), but also California Code of Civil Procedure §§ 877 and 877.6, and federal and state common law.

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