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Cannata v. Forest Preserve Dist.

ELR Citation: 38 ELR 20218
Nos. No. 06-2196, (N.D. Ill., 07/24/2008)

A district court held that property owners have standing to sue a landfill operator for groundwater contamination under the Resource Conservation and Recovery Act even though they sealed off their well and took other safety measures to ensure that their drinking water is free from contamination. The fact that the property owners no longer use the allegedly polluted area of their property—the groundwater aquifer beneath their home—does not erase their standing to sue for contamination of their property. The court will not require the owners to continuously consume what they believe to be contaminated water simply to keep their case in federal court.