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Rococo Associates, Inc. v. Award Packaging Corp.

ELR Citation: 41 ELR 20148
Nos. No. 06-CV-975, (E.D.N.Y., 03/30/2011)

A district court, on motions for summary judgment, held that a property owner may go forward with its CERCLA claims against a printing company for environmental contamination stemming from the company's operations, but it dismissed the owner's RCRA claims against the company. The printing company argued that the owner's CERLCA claim should be dismissed because its remediation of the site failed to conform to the national contingency plan (NCP). But to establish compliance with the NCP, a plaintiff need only show that its remediation was conducted under the aegis of a state environmental agency. Here, the owner acted under a consent order with the state environmental agency. Because there is a genuine dispute over the material issue of whether the owner's partial noncompliance rendered its remediation effort inconsistent with the NCP, the court denied the company's motion for summary judgment. But the court granted the company's motion for summary judgment on the owner's RCRA claim. The owner seeks an order enjoining the company from the disposal of solid and hazardous waste at the site and directing it to investigate and remediate the contamination caused by its disposal practice. But the owner seeks to enjoin activity in which the company no longer engages and to direct a remediation that is already being conducted under the supervision of the state. As such, the court cannot award the relief sought.