EPA v. OCCIDENTAL CHEMICAL CORPORATION ET AL.

Case summary

DEFENDANTS HAVE FAILED TO PAY EPA'S PAST RESPONSE COSTS DESPITE ISSUANCE OF TWO DEMAND LETTERS ON 5/24/91 & 7/21/93. EXPLANATION OF WHY FOLLOWS (OTHER CASE #02-1979-0010): THE HOOKER 102ND STREET CASE WAS INITIALLY FILED IN DECEMBER 1979; THE COMPLAINT WAS AMENDED IN 1980. OUR MOTIONS TO ADD CERCLA COUNTS IN THE 1985-1988 TIME PERIOD WERE OPPOSED BY OCC AND OLIN WHO STIPULATED, HOWEVER, THAT THE MOTIONS & OPPOSITION THERETO HAD BEEN FULLY BRIEFED & WAS READY FOR CT DECISION. THE JUDGE NEVER RULED ON OUR CERCLA MOTIONS. IN 1993, EPA RE-REFERRED THE MATTER TO DOJ REQUESTING THAT IT FILE A NEW ACTION OR PRESS ANEW THE OLD 1988 CERCLA MOTION THAT WAS STILL BEFORE THE COURT. THIS PROMPTED DOJ TO REOPEN NEGOTIATIONS WITH OCC/OLIN WHICH CULMINATED IN THE CD THAT WAS LODGED JULY 19, 1999. THE CD DEEMS THE MOTIONS TO ADD CERCLA TO THE COMPLAINT TO HAVE BEEN GRANTED AND THEN SETTLES THE ACTION UNDER CERCLA.

Defendants (6)

• OCCIDENTAL CHEMICAL CORPNamed in complaintNamed in settlement
• OLIN CORPORATIONNamed in complaintNamed in settlement
• OCCIDENTAL CHEMICAL HOLDING CORPORATION
• OCCIDENTAL PETROLEUM CORP
• OCCIDENTAL PETROLEUM INVESTMENT CORP
• OXY CHEMICAL CORPORATION

Facilities (1)

• OCCIDENTAL CHEMICAL CORPORATION

  102ND ST & BUFFALO AVE, NIAGARA FALLS, NY, 14304

  Registry ID: 110008010348

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• OCCIDENTAL CHEMICAL CORP. ET ALentered 1999-10-01

  Primary law: CERCLA

Timeline (6 milestones)

• 1993-05-01Enforcement Action Data Entered
• 1993-09-30Referred To Dept Of Justice
• 1999-07-19Final Order Lodged
• 1999-07-19Complaint Filed With Court
• 1999-10-01Final Order Entered
• 1999-10-01Concluded