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Lutz v. Chromatex

Citation: 19 ELR 21368
No. No. 88-1764, 718 F. Supp. 413/29 ERC 2045/(M.D. Pa., 06/09/1989) Motion to dismiss granted in part

The court holds that citizen suits under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation Recovery Act (RCRA) are prohibited if based on wholly past violations, and when a state is granted authorization to operate its hazardous waste program in lieu of the federal program, RCRA clai...

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