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Tyco Thermal Controls LLC v. Redwood Industrials
A district court held that the owner of PCB-contaminated property is not entitled to injunctive relief under RCRA compelling the former owner to either pay for future cleanup costs at the property or take over remediation in its entirety. Injunctive relief is not available when abatement of the ...
Brod v. Omya
The Second Circuit affirmed a lower court decision dismissing residents' RCRA claims against a minerals processing plant. The residents claimed that the plant was creating an imminent and substantial endangerment to human health and the environment by permitting its waste to seep into the groun...
Chesapeake Bay Foundation v. Severstal Sparrows Point, LLC
A district court held that environmental groups may pursue a RCRA claim against the current and former owners of a steel mill for disposing of hazardous waste without a permit, but dismissed the groups' remaining RCRA and CWA claims. The groups' claims that the mill has released and continues t...
SPS Ltd. Partnership, LLLP v. Severstal Sparrows Point, LLC
A district court granted in part and denied in part motions to dismiss a shipyard owner's CERCLA, RCRA, and tort law claims against the current owner of a steel mill. The court denied motions to dismiss the shipyard's CERCLA claims for contribution and response costs. The complaint contains factual ...
Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.
A district court granted in part and denied in part motions to dismiss a property owner's CERCLA, RCRA, and state law claims against former owners and operators of nearby properties. One defendant argued that the court lacked subject matter jurisdiction over the RCRA claim because the notice let...
Hinds Investments, LP v. Angioloi
The Ninth Circuit upheld the dismissal of a shopping center owner's citizen suit action under RCRA against manufacturers of dry cleaning equipment. The owner argued that the manufacturers contributed to the release of hazardous waste into the environment by virtue of their machinery, which was a...
Board of County Commissioners v. Brown Group Retail, Inc.
A district court dismissed a county's RCRA action against the former owner of contaminated property, but held that the former owner was liable to the county under CERCLA. The county purchased the property, a former rifle lens manufacturing plant, from the former owners. The property was then...
Ecological Rights Foundation v. Pacific Gas & Electric Co.
A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards do ...