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South Rd. Assocs. v. International Bus. Machs.

ELR Citation: ELR 20708
Nos. No. 99-9072, 216 F.3d 251/50 ERC 1908/(2d Cir., 06/20/2000)

The court holds that a landowner cannot maintain a Resource Conservation and Recovery Act (RCRA) citizen suit against its lessee for violating RCRA's open dumping provision because the continued presence of contaminants deposited by the lessee in the past is not an ongoing violation of RCRA....

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