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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.


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