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Environmental Law
Water Contamination
Toxic Spillage

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

David D. Cooke

Cathy Ann Hongola-Baptista
(Allen Matkins Leck Gamble Mallory & Natsis LLP)


Defendant

Bryan M. Davis

McGregor W. Scott
(King & Spalding)

Ronald J. Tenpas

E. Robert Wright

Tara M. Bahn


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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