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1100 W., Ltd. Liab. Co. v. RedSpotPaint & Varnish Co.

ELR Citation: 37 ELR 20266
Nos. No. 1:05-cv-1670-LJM-WTL, (S.D. Ind., 10/15/2007)

A district court denied defendant's motion to dismiss for lack of standing in a citizen suit claim for injunctive relief pursuant to the Resource Conservation and Recovery Act (RCRA) §7002. The fact that plaintiff did not hold legal title to the property at the commencement of its action does not negate its alleged injury in fact, especially where it has functioned as the owner of the property since 1999. Additionally, legal title is not necessary to commence an action under RCRA.