Facts

Alcoa Inc. and several other plaintiffs sued APC Investment Co., Union Pacific Railroad Co. and other defendants over cleanup costs at a California Superfund site. Union Pacific was the only moving party though most all other defendants joined.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that defendants contaminated groundwater in the area of Whittier and Santa Fe Springs with hexavalent chromium and other chemicals. Plaintiffs alleged that defendants should be liable for the cleanup. Plaintiffs also asserted a public nuisance claim.

Result

The court dismissed plaintiff's claim for continuing public nuisance finding that plaintiff's voluntarily incurred investigation costs do not constitute a special injury and that plaintiffs have not suffered an injury to rights held in common with the public and denied plaintiffs' relief, dismissing the action. The case is ongoing, but stayed pending a decision from the Ninth Circuit on another case.