Wilshire Westwood Associates v. Atlantic Richfield Corporation

Wilshire Westwood Associates and Platt Development Company (plaintiffs) sued Atlantic Richfield Corporation and others (defendants) under CERCLA, alleging gasoline containing hazardous substances (benzene, toluene, xylene, ethyl-benzene, and lead) had leaked from the defendants' storage tanks into the soil. The defendants moved to dismiss based on CERCLA's petroleum exclusion, which excludes 'petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated a hazardous substance.' The district court dismissed. The plaintiffs appealed, arguing the 'not otherwise specifically listed' phrase modified 'petroleum' and 'crude oil.'

Whether CERCLA's petroleum exclusion applies to gasoline even though certain components and additives indigenous to gasoline are themselves hazardous substances.