Jump to Navigation
Jump to Content

Sycamore Indus. Park Ass'n v. Ericsson, Inc.

ELR Citation: 37 ELR 20104
Nos. No. 06 C 0768, (N.D. Ill., 04/26/2007)

A district court granted in part a motion to reconsider its previous ruling dismissing an industrial park owners' CERCLA and (RCRA claims against the prior owner. The current owner filed suit against the prior owner for violations stemming from the presence of asbestos on the property. In the previous ruling, the court assumed that the materials were built into the structures of the industrial park. The court went on to analyze the current owner's claims under the improper inference that the asbestos was indeed alleged to be a fixed part of the structures. That inference led the court to conclude that neither a disposal under CERCLA occurred, nor could the abandonment of the asbestos in question constitute solid waste under RCRA. Thus, the court found that the claims failed as a matter of law. Yet, to do so under the facts as they were alleged constituted manifest error. The current owner did not allege that the asbestos was a fixed part of the structures. Properly reading the allegations, the current owner sufficiently stated claims under CERCLA and RCRA as well as a claim for negligence under state law. The court, therefore, reinstated the case.