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LAJIM, LLC v. General Electric Co.

ELR Citation: 46 ELR 20164
Nos. 13 CV 50348, (N.D. Ill., 10/04/2016) (Johnston, J.)

A district court held that RCRA gives it the authority to grant a golf course's request for mandatory injunctive relief against a company to stop further contamination and to remediate past contamination, even though the company has already entered into a consent decree with the state environmental agency. The golf course met the requirements of a RCRA citizen suit, and the suit is not barred because the state was not prosecuting a case under RCRA §6972(a)(1)(B). But the real issue, according to the court, was whether it should enjoin the company under the particular facts of this case. The state has not yet authorized the remedial action plan, so no remediation has occurred. Consequently, the court is unable to determine whether the scope of remediation the golf course seeks is similar to that found to be appropriate by the state, let alone warranted. So although it has the authority to enter mandatory injunctive relief, the court needs additional information before it can determine whether the golf course met its heavy burden to be granted the injunctive relief it seeks. The court will therefore hold a hearing on February 23, 2017, to make factual findings to determine whether injunctive relief is appropriate.