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Imminent and substantial endangerment, §7002(a)(1)(B)

Petroleum Waste Sites Revisited: Oiling the Gears of the CERCLA/RCRA Suit

One of the more daunting tasks facing environmental practitioners over the past decade or two has been the recovery of cleanup costs and related relief at sites contaminated with petroleum substances. Parties seeking relief face...

Advice for Owners of Contaminated Land After Meghrig v. KFC Western, Inc.

In the past few years, owners of contaminated land, seeking to supplement possible causes of action under the Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA)1 and under state...

Restitution Under RCRA &7002(a)(1)(B): The Courts Finally Grant What Congress Authorized

Earlier this year in KFC Western, Inc. v. Meghrig,1 the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up contaminated property...

Implied Private Causes of Action and the Recoverability of Damages Under the RCRA Citizen Suit Provision

Editors' Summary: Property owners often respond to solid and hazardous waste contamination of their properties by cleaning up the contamination and then seeking reimbursement of cleanup costs from responsible parties under federal...

RCRA Imminent Hazard Authority: A Powerful Tool for Businesses, Governments, and Citizen Enforcers

Years ago, environmental law was considered a specialized branch of administrative law. Environmental law-suits generally involved either enforcement (government regulators or environmentalists suing businesses) or regulatory appeals (...