This case was last updated from PACER on 11/23/2021 at 08:23:05 (UTC).

California Department of Toxic Substances Control et al v. Chevron U.S.A., Inc. et al

Case Summary

On September 24, 2021, the California Department of Toxic Substances Control (“DTSC”) and the Toxic Substances Control Account (collectively, “Plaintiffs”), represented by Somerset Miles Perry of California Office of the Attorney General, filed a environmental lawsuit against Chevron USA, Inc. and others (collectively, “Defendants”), seeking declaratory relief and damages along with prejudgement interest among other relief for the alleged release of hazardous waste from Vine Hill. This case was filed in the United States District Court in the Northern District of California with Judge Sallie Kim presiding.

 

In the complaint, Plaintiffs alleged that, “Hazardous waste was managed and disposed of at the Vine Hill Complex from at least the 1940’s to 1989. Beginning in the 1940’s, the Vine Hill portion of the Vine Hill Complex property was used as a municipal refuse landfill” and “After the Vine Hill Complex ceased accepting waste from offsite sources, the IT Corporation undertook formal closure activities.”

 

Plaintiffs further alleged that “the “IT Environmental Liquidating Trust” (“ITELT”) was established to oversee the long-term postclosure operation, maintenance, and upkeep of the Vine Hill Complex” and “On February 29, 2016, DTSC determined that ITELT was in violation of the postclosure requirements, in that the amount determined necessary for the purpose of demonstrating adequate financial assurances for completion of the postclosure activities was underfunded by an amount no less than $2,071,254.33”. The Plaintiffs also alleged that, “DTSC issued this order, which was amended on February 17, 2017, May 26, 2017, and December 6, 2017, to address threatened releases of hazardous substances if the Vine Hill Complex is not properly managed when existing funds are depleted and a permanent remedy has not been implemented.”

 

Plaintiffs also alleged that, “Each Defendant arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances at the Vine Hill Complex. Hazardous substances from the Vine Hill Complex have been released into the environment and there is a continuing threat of additional hazardous substance releases from the Vine Hill Complex. These releases and threatened releases have resulted, and will continue to result, in Plaintiffs’ incurrence of response costs.”

 

There are two claims of relief laid down by Plaintiffs. The first claim is for the alleged Cost Recovery Claim Against All Defendants Pursuant to Section 107(a) of CERCLA. The second claim is for the alleged claim for declaratory relief pursuant to section 113(g)(2) of CERCLA that each Defendant is jointly and severally liable to Plaintiffs for any response costs Plaintiffs have incurred, and for any further response costs Plaintiffs incur in the future, resulting from the releases and/or threatened releases from the Vine Hill Complex. 

 

In its prayer for relief, Plaintiffs requested the court for a judgment that each defendant is jointly and severally liable to Plaintiffs, without regard to fault, for all costs of response, removal, and remedial actions, including, but not limited to, oversight costs, incurred by Plaintiffs and resulting from release(s) and/or threatened release(s) of hazardous substances at, beneath, above, and/or from the Vine Hill Complex and all future costs. Plaintiffs also requested for cost of suit and attorneys’ fees along with prejudgement interest and any other relief the court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-07453

  • Filing Date:

    09/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Environment

Judge Details

Presiding Judges

Sallie Kim

William Alsup

 

Party Details

Plaintiffs

California Department of Toxic Substances Control

Toxic Substances Control Account

Defendants

Chevron U.S.A., Inc.

Pacific Gas and Electric Company

The Dow Chemical Company

Shell Oil Company

Exxon Mobil Corporation

National Semiconductor (Maine) Inc.

International Business Machines Corporation

Aerojet Rocketdyne, Inc.

Bayer CropScience, Inc.

HP Inc.

E.I. DuPont De Nemours and Company

United States Steel Corporation

Union Oil Company of California

Union Pacific Railroad Company

FMC Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Somerset Miles Perry

Attorney at California Office of the Attorney General

1515 Clay Street, 20Th Floor, P.O. Box 70550

Oakland, CA 94612

 

Court Documents

#1

1 #1

Civil Cover Sheet

#3

#4

(#4) CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/8/2021. (klh, COURT STAFF) (Filed on 10/24/2021) (Entered: 10/24/2021)

#5

(#5) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Department of Toxic Substances Control, Toxic Substances Control Account.. (Perry, Somerset) (Filed on 11/3/2021) (Entered: 11/03/2021)

#6

(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Department of Toxic Substances Control, Toxic Substances Control Account.. (Perry, Somerset) (Filed on 11/8/2021) (Entered: 11/08/2021)

8 #8

Main Document

8 #1

Notice of Eligibility for Video Recording

 

Docket Entries

  • 11/09/2021
  • Docket(#9) CLERK'S NOTICE OF INITIAL CASE MANAGEMENT CONFERENCE UPON REASSIGNMENT: Joint Case Management Statement due by 1/6/2022. Initial Case Management Conference set for 1/13/2022 AT 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's webpage atwww.cand.uscourts.gov/whaorders. All pending motions will be taken offcalendar and must berenoticed by the moving party for a new hearing date on a Thursday at 08:00 AM. The newhearing date must be at least five weeks from the date the motion was filed and at least threeweeks from the date the renotice is filed. The due date for any opposition or reply papers notyet filed shall be calculated in accordance with Civil Local Rule 73.(ec, COURT STAFF) (Filed on 11/9/2021). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#8) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 11/9/21. (Attachments: #1 Notice of Eligibility for Video Recording)(ha, COURT STAFF) (Filed on 11/9/2021) (Entered: 11/09/2021)

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  • 11/09/2021
  • Docket(#7) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 11/9/2021) (Entered: 11/09/2021)

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  • 11/08/2021
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  • Docket(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Department of Toxic Substances Control, Toxic Substances Control Account.. (Perry, Somerset) (Filed on 11/8/2021) (Entered: 11/08/2021)

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  • 11/03/2021
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  • Docket(#5) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Department of Toxic Substances Control, Toxic Substances Control Account.. (Perry, Somerset) (Filed on 11/3/2021) (Entered: 11/03/2021)

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  • 10/24/2021
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  • Docket(#4) CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/8/2021. (klh, COURT STAFF) (Filed on 10/24/2021) (Entered: 10/24/2021)

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  • 09/24/2021
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  • Docket(#3) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/27/2021. Initial Case Management Conference set for 1/3/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (cv, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)

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  • 09/24/2021
  • Docket(#2) Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/8/2021. (sfbS, COURT STAFF) (Filed on 9/24/2021) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#1) COMPLAINT for Recovery of Response Costs and Declaratory Relief against Aerojet Rocketdyne, Inc., Bayer CropScience, Inc., Chevron U.S.A., Inc., E.I. DuPont De Nemours and Company, Exxon Mobil Corporation, FMC Corporation, HP Inc., International Business Machines Corporation, National Semiconductor (Maine) Inc., Pacific Gas and Electric Company, Shell Oil Company, The Dow Chemical Company, Union Oil Company of California, Union Pacific Railroad Company, United States Steel Corporation ( Filing fee $ 402, receipt number 0971-16425894.). Filed byToxic Substances Control Account, California Department of Toxic Substances Control. (Attachments: #1 Civil Cover Sheet)(Perry, Somerset) (Filed on 9/24/2021) (Entered: 09/24/2021)

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