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Residents of Gordon Plaza, Inc. v. Latoya Cantrell

ELR Citation: 49 ELR 20042
Nos. 18-4226, (E.D. La., 03/11/2019) (Lemelle, J.)

A district court granted residents' motion for summary judgment in a RCRA lawsuit against the city of New Orleans for inhumane and dangerous living conditions at a residential development located on a former landfill site previously operated by the city. The residents argued that the city had previously disposed of hazardous and solid waste at the site, which was later listed as a Superfund site on the NPL, and that the waste presented an imminent and substantial endangerment to their health. The city asserted that the residents were not permitted to bring suit under RCRA because the city ceased operation of the landfill before RCRA was enacted. But the court found that RCRA clearly applied to both past and present acts, and thus applied to both the city's past and present conduct. It therefore granted residents' partial summary judgment.