West Sacramento's environmental lawsuit dismissed

By Sandra Lane | Sep 14, 2018

The city accused the defendants of violating a host of environmental laws.   Justin Smith / Wikimedia Commons,

SACRAMENTO –– A federal judge threw out a wide-ranging environmental lawsuit against more than 60 companies by the city of West Sacramento. 

On Sept. 4, Judge William B. Shubb of the U.S. District Court for the Eastern District of California found city officials did not properly state a claim in the lawsuit alleging toxic levels of contamination within city limits. 

One of the defendants, Richard Leland, filed the motion to dismiss.

“Plaintiffs’ third through eighth causes of action are all state law claims that, as the court stated in its June 27 order, requires plaintiffs to allege facts indicating that Leland owned or operated the facility, or that he created the alleged contamination," Shubb wrote in the decision. "As explained above, plaintiffs have failed to allege such facts, and as such all state law claims must be dismissed.” 

The city accused the defendants of violating a host of environmental laws, including the Resource Conservation and Recovery Act, the California Health & Safety Code, the Porter-Cologne Water Quality Control Act and the California Water Code.  In addition, city officials accused the defendants of creating a public nuisance, trespassing and negligence.

Shubb gave the city 20 days to file an amended complaint.

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