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Environmental Defense Fund v. Lamphier

Citation: 12 ELR 20843
No. No. 81-0948-A, (E.D. Va., 05/14/1982)

The court orders defendants, operators of a hazardous waste disposal facility, to comply with the notification and interim status requirements of the Resource Conservation and Recovery Act (RCRA). Plaintiffs commenced this action under the citizen suit provision of RCRA alleging that defendants were operating a waste collection and disposal business in violation of state and federal statutes. The court rules that Virginia, plaintiff-intervenor, is entitled to injunctive relief from the nuisance created by defendants' facility since it has the potential to endanger life or health. The court holds that plaintiffs' request for response costs for removal action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is premature since they have not yet been incurred or were incurred prior to CERCLA's effective date. Finally, the court grants plaintiffs' request for attorneys fees, to be determined later.

[The pleadings in this case are summarized at ELR PEND. LIT. 65728 — Ed.]

Counsel for Plaintiffs
Timothy G. Hayes
Environmental Defense Fund, Inc.
11 S. 12th St., Suite 314, Richmond VA 23219
(804) 780-1297

Counsel for Plaintiff-Intervenor
Brian L. Buniva, Ass't Attorney General
101 N. 8th St., Richmond VA 23219
(804) 786-2071

Counsel for Defendants
Richard R. Nageotte
14908 Jefferson Davis Hwy., Woodbridge VA 22191
(703) 550-9291