Call Us: 415.956.2828
202.777.8950

Chevron Suit Doomed By CERCLA Exclusion, 9th Circ. Says

by Robert C. Goodman

The Ninth Circuit ruled Wednesday that an exclusion for petroleum substances in the Comprehensive Environmental Response, Compensation and Liability Act precluded a woman’s claims that Chevron Capital Corp. was responsible for the pollution on her property, affirming a lower court’s dismissal of her case.

The three-judge panel unanimously found that Hong Jacqueline Nguyen Gardner failed to prove that the alleged contaminants such as xylene on her property did not fall under the so-called “petroleum exclusion” in CERCLA, since she did not show they were unrelated to…

Learn more about the case and our own Robert Goodman in this Law360 article by Danielle Nichole Smith.

 

San Francisco, CA
  • Robert Dollar Building
    311 California Street, 10th Floor
    San Francisco, CA 94104-2695
  • Telephone: 415.956.2828
  • Fax: 415.956.6457
Washington, DC
  • Bowen Building
    875 15th Street, NW, Suite 725
    Washington, DC 20005-2243
  • Phone: 202.777.8950
  • Fax: 202.347.8429