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Stratford Holding, LLC v. Foot Locker Retail Inc.

ELR Citation: 43 ELR 20232
Nos. CIV-12-0772-HE, (W.D. Okla., 10/08/2013) (Heaton, J.)

A district court held that a property owner may go forward with its CERCLA claims against several retail stores in connection with contamination stemming from the property, but dismissed the owner's RCRA claims. The owner entered into a consent order with Oklahoma's environmental agency that set forth a plan to clean up the contamination. Because the consent order has achieved RCRA's goal of remediation, the owner's RCRA claims are moot. The owner's specific concerns here, while valid, are not of health and safety, but monetary. The owner asserts that it is not asking the court to meddle with the extent or type of remediation agreed to under the consent order, but instead to determine which parties must undertake the work required by order. Yet, these concerns are not the type that RCRA was primarily designed to address. While the court is not unsympathetic with the owner's position and its effort to force others to share in the remediation costs as soon as possible, the owner's RCRA claims should be dismissed. But the owner may pursue its CERCLA claims against the defendants at this stage of the litigation.