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Lajim, LLC v. Gen . Electric Co.

A district court ruled that a manufacturing company will not be required to conduct further investigation of contamination that is already subject to a remediation agreement. In 2010, a consent agreement between the manufacturing company and a golf course owner obligated the company to perform remed...

American Petroleum Institute v. EPA

The D.C. Circuit held that EPA's verified recycler exclusion under RCRA was unreasonable. In 2015, EPA issued a final rule rule governing when certain hazardous materials qualify as “discarded,” subjecting them to the Agency's authority. The new rule required generators of waste to meet special ...

LAJIM, LLC v. General Electric Co.

A district court held that RCRA gives it the authority to grant a golf course's request for mandatory injunctive relief against a company to stop further contamination and to remediate past contamination, even though the company has already entered into a consent decree with the state environmental ...

Krause v. Omaha, City of

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released into the environment as an expected consequence of its intended use...

Northern Illinois Gas Co. v. City of Evanston

A district court dismissed a city's RCRA action against two power and gas companies concerning a methane gas leak from natural gas pipelines and waste oil contamination from a former manufacturing gas plant. Because methane gas does not meet the definition of "solid waste" under RCRA, the city canno...

Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response c...