Consumer Defense Group v. Shell
Appellant appeals from a judgment entered after the trial court sustained, without leave to amend, demurrers filed by defendants cleaning up a former landfill designated as a hazardous waste site by the California Department of Toxic Substances Control (DTSC). None of the individual defendants owned the landfill but each deposited waste there before it closed in 1984 and, at the time of the complaint, each participated in site remediation pursuant to a 2003 consent decree with DTSC. CDG's complaint sought to impose Proposition 65 liability on the defendants with allegations that: (1) "discharge[s]" and "release[s]" of dangerous chemicals continued unabated at the site during remediation despite defendants' attempts at containment, and (2) the defendants failed to post warnings at the site and therefore they "knowingly and intentionally expose[d]" persons at and near the site to dangerous chemicals. CDG's complaint also claimed these alleged Proposition 65 violations constituted unfair business practices. All claims fail. Judgment affirmed.
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