Court erred on cleanup injunction

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 25, 2019 5:19 PM

Updated June 26, 2019 12:52 PM

Although the citizen-suit section of the Resource Conservation and Recovery Act authorizes a remedial order against any person responsible for contamination “which may present an imminent and substantial endangerment to health or the environment,” 42 U.S.C. Section 6972(a)(1)(B), a federal judge in Wisconsin relied on a decision from the District of Columbia — and failed to consider a contrary line of opinions from the 2nd, 3rd, 4th, 9th, 10th and 11th U.S. Circuit Courts of Appeal — in denying …

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