ELR Citation: 50 ELR 20211
No(s). 17-cv-6250 (NSR) (S.D.N.Y. Aug 27, 2020) (Román, J.)

A district court held that an oil company was liable for a plume of gasoline beneath a former gasoline station that was migrating toward nearby housing units in White Plains, New York. A housing authority brought claims under RCRA, arguing its property was contaminated by discharges of gasoline and toxic byproducts of gasoline emanating from the station. The court found that recent investigations into the station's soil and groundwater had uncovered petroleum-related contamination at concentrations substantially exceeding state standards and that samples taken between 2014 and 2016 had shown the plume containing these exceedances was migrating from the station onto the housing authority's property. It therefore concluded that the contamination emanating from the station posed an imminent and substantial endangerment to the health and environment of the housing authority and its community, and granted the authority's motion for summary judgment.