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Hinds Investments, LP v. Angioloi

ELR Citation: 41 ELR 20243
Nos. Nos. 10-15607, -15951, (9th Cir., 08/01/2011) Aff'd

The Ninth Circuit upheld the dismissal of a shopping center owner's citizen suit action under RCRA against manufacturers of dry cleaning equipment. The owner argued that the manufacturers contributed to the release of hazardous waste into the environment by virtue of their machinery, which was allegedly designed to allow PCE-contaminated wastewater to flow into drains and into the sewer system. The owner also alleged that the manufacturers distributed manuals that instructed users to dispose of contaminated waste water in drains or open sewers. But for purposes of RCRA liability, "contribution" requires more active involvement than was alleged as to the manufacturers. Because the complaint does not allege active involvement by the manufacturers in the handling or disposing of waste, as required for RCRA contributor liability, the owner failed to state a claim for relief.