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Cannistra Realty LLC v. U.S. Envtl. Prot. Agency

Land Owner Must Pay $62,650 Penalty for Noncompliance With EPA Administrative Order

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OPINION & ORDER Before the Court are cross-motions for summary judgment filed by: 1) Plaintiff/Counterclaim Defendant Cannistra Realty, LLC (“Cannistra”); and 2) Defendant/Counterclaim Plaintiff United States Environmental Protection Agency (“EPA”) and Defendants Michael S. Regan and Pat Evangelista, in their official capacities as EPA Administrator and Director of Region 2 of the EPA Superfund and Emergency Management Division, respectively (collectively, “Defendants”). (ECF Nos. 103, 110.) For the following reasons, Defendants’ motion is GRANTED and Cannistra’s motion is DENIED. I. BACKGROUND A. Facts The following facts are undisputed except where noted.¹ 1. The Cannistra Property In 1996, Cannistra purchased a parcel of real property, slightly smaller than one acre, located at 115-125 Kisco Avenue, Mt. Kisco, NY 10549 (the “Cannistra Property”). (P’s 56.1 Stmt. 1.) The Cannistra Property consists of a two-story building and a parking lot, which take up “essentially the entire parcel, such that there is virtually no undeveloped land at the site.” (Id.

1, 4.) Beginning on August 15, 2013, Cannistra signed a long term, exclusive lease with Tesla to rent out the property as a sales and service center (the “Tesla Dealership”). (Id.

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