RCRA's Imminent Hazard Provision and Inactive Hazardous Waste Dumps: A Reappraisal After U.S. v. Waste Industries

March 1983
Citation:
13
ELR 10074
Issue
3
Author
Phillip D. Reed

Editors' Summary: On December 30, 1982 a federal district judge handed EPA's hazardous waste program an unexpected setback. He dismissed an EPA complaint seeking to use RCRA §7003 to force the operator of a closed landfill and the owner of the land on which it is located to abate chemical pollution leaking from the dump into the groundwater. The decision in United States v. Waste Industries was the first to reject the Agency's application of §7003 to an inactive waste disposal site. The court chose not to follow precedent from several district courts and one court of appeals in reaching this conclusion, and relied heavily on the Congress' passage of CERCLA as evidence that it had not intended RCRA's imminent hazard provision to apply to inactive waste sites. The Comment reviews the decisions to date on §7003 and examines the future role of the RCRA provision now that CERCLA is on the books.

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RCRA's Imminent Hazard Provision and Inactive Hazardous Waste Dumps: A Reappraisal After U.S. v. Waste Industries

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