Water District Costs to Replenish Supply Ruled Not Recoverable as Response Costs

摘要

A California water supplier cannot recoup from an alleged superfund polluter the cost of replenishing its water supply because it would have incurred those costs even in the absence of contamination, a federal trial court ruled Aug. 19 (Santa Clara Valley Water District v. Olin Corp., N.D. Cal., No. 07-3756, 8/19/09).rnBecause the Santa Clara Valley Water District (SCVWD) would have spent that money to "recharge" the area's groundwater anyway, its expenditures were not necessary "response costs" under the Comprehensive Environmental Response, Compensation, and Liability Act, the U.S. District Court for the Northern District of California held.