United States v. Colorado & Eastern Railroad Co, No. 16-1374 (10th Cir. 2018)Annotate this Case
NDSC Industrial Park, LLC (“NDSC”) appealed a district court order dismissing its “Consent Decree Order Motion.” In the late 1990s, the United States and the State of Colorado each filed complaints against Colorado & Eastern Railroad Company (“C & E”) under CERCLA. These complaints sought reimbursement of response costs associated “with the release or threatened release of hazardous substances at the Sand Creek Industrial Site located in Commerce City and Denver, Colorado.” In an effort to avoid protracted litigation, the parties entered into a partial consent decree (the “Consent Decree”) on April 13, 1999. Pursuant to the Consent Decree, C & E agreed to sell two parcels of land, the OU3/6 Property and the OU1/5 Property (collectively the “Properties”), and pay the net proceeds of the sales to the United States and Colorado. In 2002, the remediated OU1/5 and OU3/6 Properties were put up for auction by the United States pursuant to the Consent Decree. NDSC was the winning bidder. Prior to closing on the purchase of the Properties, NDSC was made aware that C & E had already conveyed its fee interest in a right-of-way. In 2014, NDSC filed suit in Colorado state court to quiet title to the railroad right-of-way against C & E, and other interested parties in the Properties. The district court dismissed the motion because NDSC lacked standing to enforce the terms of the consent decree. On appeal, NDSC claimed the district court erred in concluding it: (1) was attempting to enforce the consent decree, as opposed to seeking a limited declaration regarding the meaning of the consent decree; and (2) did not have standing to seek a declaration that a conveyance of property violated the terms of the consent decree. Finding no reversible error in the district court’s dismissal, the Tenth Circuit affirmed.