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LM Nursing Service, Inc. v. Ferreira

ELR Citation: 41 ELR 20146
Nos. No. 09-cv-413, (D.R.I., 03/30/2011)

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property. Each of the three federal statutes requires plaintiffs to provide the owner with particular notice of their alleged statutory violations at least 60 days prior to filing suit. Those notice requirements are mandatory and plaintiffs must strictly comply with them. Here, the materials plaintiffs say amount to sufficient compliance are, in a number of material respects, plainly deficient. Consequently, the court dismissed all claims advanced under those federal statutes. The court declined to exercise its supplemental jurisdiction over the remaining state-law claims. Those claims, therefore, were remanded to state court.