Jump to Navigation
Jump to Content

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

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...

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...

Sullins v. Exxon/Mobil Corp

A district court ruled in favor of the defendant in a property owners' suit seeking to recover damages, cleanup costs, and a cleanup injunction resulting from environmental contamination on their property allegedly caused by an...

Avondale Fed. Sav. Bank v. Amoco Oil Co.

The court holds that the Resource Conservation and Recovery Act (RCRA) bars a current property owner's claim for cleanup costs against the property's former owner. The current owner filed a claim for injunctive relief against the former...

Davis Bros. v. Thornton Oil Co.

The court dismisses strict liability, nuisance, trespass, and Resource Conservation and Recovery Act (RCRA) claims filed against the former sublessee of contaminated property where an underground storage tank (UST) leaked. The former...

Davis v. Sun Oil Co.

The court holds that under Ohio law, the doctrine of res judicata bars property owners' Resource Conservation and Recovery Act (RCRA) suit against the property's seller for leaving gasoline buried in the soil. The owners filed their...

Avondale Fed. Sav. Bank v. Amoco Oil Co.

The court holds that a landowner cannot recover from previous site owner petroleum contamination cleanup costs it incurred after it invoked Resource Conservation and Recovery Act (RCRA) §7002's statutory process for bringing a citizen...

Raytheon Co. v. McGraw-Edison Co.

The court holds that a purchaser of environmentally contaminated property is not precluded from bringing Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)...