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Clean Harbors, Inc. v. CBS Corp.

ELR Citation: 42 ELR 21044
Nos. 10-2017-JPO, (D. Kan., 06/26/2012) (O’Hara, MJ.)

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998. In 2002, the current owner purchased the site and the permit was transferred in its name. In 2010, EPA renewed the permit, instituting additional cleanup obligations. The current owner now seeks an injunction requiring the former owner to continue its investigation and complete remediation obligations at the site. But the current owner's RCRA permit is quite comprehensive, and the owner failed to explain how the relief it seeks is any different from what it is already required to do under the permit. Because issuing a RCRA injunction to remediate a site that already must be, and is being, remediated “would serve no purpose," the court dismissed the case.