LexisNexis® Legal Newsroom
State Agency does not necessarily have exclusive expertise to address remediation such that CWA & RCRA citizen suit claims are to be dismissed, especially where there is a lack of ongoing formal state proceedings

NL Industries owned a site through 2005. It entered into an administrative consent order with the State of New Jersey which required it to clean-up part of a site and investigate other portions, including sediments in an adjacent river. The sediments showed elevated metals. NL concluded that the...

Ninth Circuit Holds that Dry Cleaning Equipment Manufacturers Must Engage in Active, Not Merely Passive, Activities to be Liable Under RCRA

In litigation involving soil and/or groundwater contamination from releases related to dry cleaning equipment and PCE, it has been common for injured property owners to sue the dry cleaning equipment manufacturers, among others. One of the primary legal tools used in such litigation is the citizen-suit...