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Snellback Properties, LLC v. Aetna Dev. Co.

ELR Citation: 39 ELR 20136
Nos. No. 08 C 7326, (N.D. Ill., 06/09/2009)

A district court held that a property owner's receipt of a "no further remediation" letter from the state environmental agency does not bar a neighboring company's lawsuit against it under RCRA. Under Illinois law, a no further remediation letter releases the recipient from further responsibilities under the Illinois Environmental Protection Act and constitutes prima facie evidence that the covered property is not a threat to human health or the environment. The letter, however, only releases the property owner from liability under state law, not RCRA. Moreover, the letter represents prima facie, not conclusive, proof that the owner's property is contaminant-free. The court, therefore, denied the owner's motion to dismiss.