ELR Citation: ELR 20176
No(s). 91-C-1074 (D. Colo. Apr 8, 1992)

The court holds that to be "in existence" for purposes of obtaining interim status under Resource Conservation and Recovery Act (RCRA) §3005(e)(1)(A)(ii), a facility's operations must be lawful as well as ongoing. An environmental group brought a RCRA §7002(a)(1)(A) citizen suit against a company ...