ELR Citation: ELR 20044
No(s). 08-00855 (D. Colo. Feb 18, 2009)

A district court held that a cause of action under §7002(a)(1)(A) of the Resource Conservation and Recovery Act (RCRA) can only be brought against an owner or operator of a polluting property who is "alleged to be in violation" of RCRA at the time the suit is brought. Under RCRA §7002(a)(1)(A), a ...