3rd Circuit Majority: Federal Courts Have Exclusive Jurisdiction Over RCRA Claims

3rd Circuit Majority: Federal Courts Have Exclusive Jurisdiction Over RCRA Claims

PHILADELPHIA - A 2-1 panel of the Third Circuit U.S. Court of Appeals on Aug. 6 reversed a federal judge in New Jersey's decision to award summary judgment to former owners of a contaminated property for claims under the Resource Conservation and Recovery Act (RCRA), after finding that federal courts have exclusive jurisdiction over claims brought under the statute (Litgo New Jersey Inc., et al. v. Commissioner of the New Jersey Department of Environmental Protection, et al., Nos. 12-1288, 12-1418, 3rd Cir.; 2013 U.S. App. LEXIS 16208).

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