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K-Y Enters., Ltd. Partnership v. Jester

ELR Citation: 37 ELR 20163
Nos. No. 4:06-CV-57, (E.D. Tex., 06/20/2007)

A district court denied motions for summary judgment brought by the current or former owners of underground petroleum storage tanks who were sued under the Resource Conservation and Recovery Act (RCRA) by the owner of neighboring property. The underground storage tank (UST) owners argued that groundwater contamination at the site does not present an imminent and substantial endangerment, but the presence of contaminants in the groundwater exceeds the recommended allowable limits. They also argued that while the neighboring property owner may be able to prove that some leakage has occurred, the owner is unable to produce any evidence suggesting that the leakage can be attributed to any of the defendants. Yet, there is conflicting evidence with regard to ownership, control, and groundwater migration. Defendants further contend that there is no evidence that the USTs in question have leaked or are leaking. Again, there is evidence creating a genuine issue of material fact as to whether the USTs in question have leaked or are leaking. The court, therefore, denied defendants' motion for summary judgment. The court also rejected the defendants' argument that the neighboring property owner is not entitled to the relief it is seeking under RCRA and that his claim is barred by laches.