Court Dismisses EPA Superfund Lawsuit Against Fireworks Company

Los Angeles….A federal court in Los Angeles on Tuesday dismissed a Superfund lawsuit brought by the federal government in February 2010 on behalf of the Environmental Protection Agency (EPA) against Pyro Spectaculars, Inc. (PSI) and seven other defendants.

The suit sought $7 million in past cleanup costs and an estimated $50 million in future costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act, two federal cleanup statutes, for Southern California’s Rialto-Colton Basin, which was contaminated with perchlorate and trichloroethylene (TCE).
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Fireworks Company Wins 9th Circuit Environmental Cleanup Case

In a precedent-setting decision, the 9th Circuit Court of Appeals on Monday ruled in favor of Pyro Spectaculars, Inc. (PSI) and 16 other defendants, dismissing a lawsuit filed by the City of Colton, California, which sought up to $124 million in past and future environmental cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The 9th Circuit Court also affirmed the dismissal of Colton’s declaratory relief claim and reinstated PSI’s CERCLA cost-recovery claims against other potentially responsible parties.
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Summary Judgment for PCB Contamination in the Lower Fox River

The U.S. District Court for the Eastern District of Wisconsin (J. Griesbach) granted summary judgment in favor of the defendants in a cost recovery contribution action under CERCLA for PCB contamination of the Lower Fox River where response costs and damages are estimated to be $1.5 billion.
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