Summary
The United States District Court for the District of Idaho granted the United States' motion for default judgment against Diconia LLC and a 0.15-acre parcel of land in a CERCLA cost-recovery action. The court awarded $973,540.74 in unreimbursed response costs and authorized the United States to seek further relief, including judicial sale of the property to satisfy the CERCLA lien. Claims against Brian Tibbets and Brek A. Pilling remained pending.
Topics
Practice areas
Questions Presented
- Whether default judgment should be entered against Diconia LLC and the in rem defendant property under the Eitel factors.
- Whether the United States proved $973,540.74 in recoverable CERCLA response costs without an evidentiary hearing.
- Whether the United States was entitled to declaratory relief permitting it to return to court to seek further relief, including judicial sale of the property pursuant to CERCLA § 107(l)(4).
Holdings
- Default judgment was appropriate against Diconia LLC and the 0.15-acre property because service was proper, neither defendant appeared or responded, the verified complaint sufficiently pleaded a CERCLA § 107(a) claim, and the Eitel factors favored judgment.
- The United States proved $973,540.74 in recoverable CERCLA response costs, and no hearing was required because the damages were supported by a certified, itemized cost summary and sworn testimony and were capable of mathematical calculation.
- The United States was entitled to declaratory relief permitting it to return to court to seek further relief, including authorization for judicial sale of the property to satisfy the CERCLA lien and recover the awarded response costs.
Key quotations
“Because these damages are capable of mathematical calculation, no hearing is required.”
“This default judgment applies only to Diconia and the 0.15 Acres of Land. Claims against Defendants Brian Tibbets and Brek A. Pilling remain pending.”
Factual background
The United States incurred unreimbursed EPA response costs at the 0.15-acre Burley Demolition Asbestos Site in Cassia County, Idaho, where hazardous substances allegedly were disposed of and released or threatened to be released. The EPA conducted removal actions and documented $973,540.74 in response costs through January 7, 2025. Diconia, alleged to be the property's owner and a CERCLA-covered person, was properly served but did not appear or respond; the United States also served the property through posting and publication.
Procedural history
The United States filed a verified CERCLA complaint on January 7, 2025, seeking unreimbursed response costs arising from the Burley Demolition Asbestos Site. Brian Tibbets and Brek A. Pilling waived service or appeared and answered, while Diconia failed to appear or respond and the property was served by posting and publication. The Clerk entered default against Diconia and the property, and the court granted default judgment against those defendants only, leaving claims against Tibbets and Pilling pending.