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United States v. Bliss

Citation: 17 ELR 21217
No. No. 84-200C(1), (E.D. Mo., 06/15/1987) Motions to dismiss denied

The court summarily rejects various motions to dismiss in an action brought by the United States for injunctive relief and recovery of cleanup costs under §§ 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and § 7003 of the Resource Conservation and Recovery Act (RCRA). The court holds that retroactive application of CERCLA is constitutional and imposition of liability on past nonnegligent off-site generators and transporters under RCRA is not retroactive and does not violate due process. The court holds that defendants who had previously litigated various constitutional and statutory issues in another district court are barred by collateral estoppel from relitigating these issues. The court holds that it has personal jurisdiction over these defendants and Missouri is not an indispensable party. The court holds that the United States' pleadings state a claim under CERCLA and RCRA, no statute of limitations applies to suits under CERCLA, and a jury trial is not required for CERCLA cost recovery actions.

[A previous decision in this case appears at 16 ELR 20368.]

Counsel for Plaintiff
Jill Newman, Joseph Moore
Room 414, U.S. Court & Custom House, 1114 Market St., St. Louis MO 63101
(314) 425-5280

Counsel for Defendant
Russell Martin Bliss, pro se
Route 1, St. James Mo 65559