EPA v. Preservation Aviation / Counterclaims

Case summary

On November 20, 2009, the federal District Court for the Central District of California entered a Consent Decree resolving all claims and dismissing with prejudice the litigation in Preservation Aviation, et al. v. United States, et al. The litigation stems from a 2004 removal action Region 9 conducted in North Hollywood, California. The Site – a warehouse and storage yard – was with approximately one million aircraft instruments, many of which were contaminated with radium and radon gas. EPA ultimately disposed of all the instruments and demolished the warehouse, leaving the Site sufficiently clean for unrestricted use. The operator PRPs – Preservation Aviation, Inc., its owner, Jeffrey Pearson – together with Mr. Pearson’s wife, Ann Pearson, sued EPA, alleging that EPA conspired to harm them, committed negligence in the course of the removal, and effected an unconstitutional taking of private property without due process and without just compensation. EPA counterclaimed to recover its cleanup costs at the site. On the basis of the PRPs’ ability to pay, the United States compromised its unrecovered costs of approximately $2.5 million.

Defendants (1)

• Preservation Aviation IncNamed in complaintNamed in settlement

Facilities (1)

• PRESERVATION AVIATION

  10800 BURBANK BLVD., NORTH HOLLYWOOD, CA, 91601

  Registry ID: 110017865924

Statutes cited

• CERCLA 107A — Cost Recovery

Enforcement conclusions (1)

• Preservation Aviation / Counterclaimsentered 2009-11-20

  Primary law: CERCLA

Timeline (5 milestones)

• 2008-04-30Referred To Dept Of Justice
• 2008-05-05Enforcement Action Data Entered
• 2009-09-17Final Order Lodged
• 2009-09-17Complaint Filed With Court
• 2009-11-20Final Order Entered