Jump to Navigation
Jump to Content

United States v. Hardage

ELR Citation: 13 ELR 20188
Nos. No. CIV-80-1031-W, 18 ERC 1685/(W.D. Okla., 09/29/1982)

In a suit by the federal government against an owner-operator of a hazardous waste disposal site, the court holds that §7003(a) of the Resource Conservation and Recovery Act (RCRA) confers strict liability and that §104(a)(1)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes federal action without the presence of an imminent and substantial danger to health. The court finds that, based on the plain meaning of §7003(a) of RCRA and the hazardous nature of the activities specified in that section, the statute confers liability without regard to fault where the activity may present an imminent and substantial danger to health or the environment. The court also holds that under §104(a)(1) of CERCLA an imminent or substantial danger need not be present prior to federal action in the case of the release or threatened release of hazardous substances. The imminent and substantial danger requirement in §104(a)(1)(B) only applies to the release or threatened release of nonhazardous pollutants or contaminants.

Counsel for Plaintiff
William S. Price, U.S. Attorney; David Lee
4434 U.S. Cthse., Oklahoma City OK 73102
(405) 687-2543

Mary E. Bielefeld
Office of the General Counsel
Environmental Protection Agency, Washington DC 20460
(202) 382-3086

Counsel for Defendant
Clyde A. Muchmore
Crowe & Dunlevy
1800 Mid-America Twr., Oklahoma City OK 73102
(405) 235-7700