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

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...

Trinity Industries, Inc. v. Chicago Bridge & Iron Co.

The Third Circuit held that a PRP that entered into a consent decree resolving its state-law liability with the commonwealth of Pennsylvania in connection with contamination at an industrial facility may seek contribution under CERCLA...

Clean Harbors, Inc. v. CBS Corp.

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order...

Center for Community Action & Environmental Justice v. Union Pacific Corp.

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an...

Town & Country Co-op, Inc. v. Akron Products Co.

A district court held that a company may go forward with its RCRA claim against the former owner, but not the current owner, of adjacent property for groundwater contamination. The complaint contains sufficient factual allegations...

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that...

Tilot Oil, LLC v. BP Products North America, Inc.,

A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial...

Newark Group, Inc. v. Dopaco, Inc.

A district court held that a property owner may go forward with its RCRA claims against a former tenant that stored toluene in a building on the site. The owner demolished all but the basement floor of the building. High...

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...

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...