California-American Water Company v. United States of America
Published: Sep. 27, 2008 | Result Date: May 13, 2008 | Filing Date: Jan. 1, 1900 |Case number: 05CV02295(LKK) Settlement – $250,000
Court
USDC Eastern
Attorneys
Plaintiff
Cathy Ann Hongola-Baptista
(Allen Matkins Leck Gamble Mallory & Natsis LLP)
Defendant
McGregor W. Scott
(King & Spalding)
Facts
Plaintiff California-American Water Co. sued defendant United States of America for releasing hazardous wastes into the groundwater at Mather Air Force Base in Sacramento County. It received partial compensation for the cost of constructing alternative water supplies from Aerojet and MDC in the amount of $1.2 million and sought recovery of other clean-up costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The defendant counter-claimed for contribution.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant contaminated the groundwater plaintiff used as a source of drinking water by releasing hazardous substances such as tetrachloride, tetracholorethylene, and thrichloroethylene into the Mars Well of the air force base. The plaintiff incurred costs obtaining alternative water supplies and other clean-up expenses. It claimed negligence, negligence per se, continuing public and private nuisance, and trespass.
Damages
The plaintiff sought clean-up and other costs.
Result
The parties settled for $250,000.
Other Information
FILING DATE: Nov. 10, 2005.
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