Cose v. Getty Oil Co.
United States Court of Appeals for the Ninth Circuit
4 F.3d 700 (9th Cir. 1993)
Relevant factsFree
Getty (defendant) disposed of crude oil tank bottoms — sediment and water that settled at the bottom of its storage tanks — before selling land to the Coses (plaintiffs), who later discovered a carcinogen, Chrysene, in the ground and sued under CERCLA to recover cleanup costs; the district court granted Getty summary judgment based on CERCLA's exclusion for petroleum products, including crude oil.
IssueFree
Whether the separated sediment and water that constitute crude oil tank bottoms fall within the petroleum liability exclusion under CERCLA.