Prop 65 Aerojet Litigation

Following a December 1997 60-day notice, Communities for a Better Environment filed a Prop 65 enforcement action in Sacramento Superior Court, alleging that Aerojet violated Prop 65's discharge prohibition due to migration of listed chemicals from Aerojet's Superfund site in Sacramento. Citizens for A Better Environment v. Aerojet-General.. Aerojet removed the case to federal court, alleging that the CBE action was an improper attempt to interfere with the consent decrees entered in the Superfund litigation. CBE has sought to remand the case to state court, arguing that it is allowed to assert relief under Prop 65 that is different and additional to the remedies provided for in the federal consent decrees.

In April 2000, with the threat of a motion for summary judgment on the ground that CERCLA and a partial consent decree barred the Prop 65 enforcement action, the parties entered into a stipulated final judgment.  The judgment contained no injunctive relief or penalties, but did call for payments of $75,000 in attorney's fees to CBE.  The judgment also purported to release Aerojet from any claims asserted by or on behalf of the general public under Prop 65 or the Unfair Competition Law.

This page last updated on January 15, 2001.