EPA v. SHELL OIL COMPANY

Case summary

THIS REFERRAL RECOMMENDS LITIGATION BY THE UNITED STATES, ON BEHALF OF EPA, TO RECOVER PAST COSTS AND TO ESTABLISH LIABILITY OF FUTURE COSTS IN CONNECTION WITH THE MCCOLL SUPERFUND SITE ( MCCOLL OR THE SITE ). THE PROPOSED DEFENDANTS ARE FOUR OIL COMPANIES, WHOSE PREDECESSORS GENERATED AND SENT WASTE TO THE SITE, AND THE CURRENT OWNERS OF THE SITE PROPERTY. EPA EXPECTS THE DEFENDANTS WILL BE ABLE TO SATISFY IN FULL ANY JUDGMENT AGAINST THEM. THE TWENTY-TWO ACRE MCCOLL SITE IS LOCATED IN THE CITY OF FULLERTON, CALIFORNIA, 25 MILES SOUTHEAST OF LOS ANGELES. FROM 1942 TO 1946, SEVERAL OIL REFINERIES USED THE SITE FOR DISPOSAL OF WASTE FROM THE PRODUCTION OF AVIATION FUEL. OVER THE YEARS THE WASTE WAS COVERED BY DRILLING MUDS AND TOP SOILS, AND A PORTION OF THE SITE WAS DEVELOPED AS A GOLF COURSE. THE SITE CONTAINS TWELVE LARGE PITS FILLED WITH NEARLY 100,000 CUBIC YARDS OF HIGHLY ACIDIC SLUDGE AND SOILS. EPA PLACED THE SITE ON THE NATIONAL PRIORITIES LIST IN 1982. EPA HAS INCURRED AND CONTINUES TO INCUR SUBSTANTIAL RESPONSE COSTS IN CONNECTION WITH THE MCCOLL SITE. PAST COSTS APPROACH $16 MILLION AND THE ULTIMATE COSTS OF CLEANUP ARE ESTIMATED AT BETWEEN $120 MILLION AND $300 MILLION. THE RESPONSE COSTS TO DATE HAVE BEEN INCURRED BY EPA, AND DHS THROUGH A COOPERATIVE AGREEMENT, IN PREPARING AN INITIAL AND SUPPLEMENTAL REMEDIAL INVESTIGATION/ FEASIBILITY STUDY ( RI/FS ). EPA HAS ALSO CONDUCTED REMOVAL ACTIONS AT THE SITE.

Defendants (7)

• ATLANTIC RICHFIELD COMPANYNamed in complaintNamed in settlement
• LOS COYOTES ESTATES, LTD.Named in complaintNamed in settlement
• MCCAULEY LCX CORPORATIONNamed in complaintNamed in settlement
• RAMPARTS RESEARCH & FINANCIAL CORP.Named in complaintNamed in settlement
• SHELL OIL COMPANYNamed in complaintNamed in settlement
• TEXACO, INC.Named in complaintNamed in settlement
• UNION OIL COMPANY OF CALIFORNIANamed in complaintNamed in settlement

Facilities (1)

• SHELL OIL CO MCCOLL SITE

  2650 ROSECRANS BLVD, FULLERTON, CA, 92833

  Registry ID: 110002903341

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• SHELL OIL COMPANYentered 1997-01-13

  Primary law: CERCLA

Timeline (5 milestones)

• 1991-01-18Enforcement Action Data Entered
• 1991-01-18Referred To Dept Of Justice
• 1991-02-01Complaint Filed With Court
• 1996-11-22Final Order Lodged
• 1997-01-13Final Order Entered