Mealey's Toxic Tort/Environmental - Judge Finds City's Illegal Disposal Suit Exempt From Statute's Notice Requirement

Mealey's Toxic Tort/Environmental - Judge Finds City's Illegal Disposal Suit Exempt From Statute's Notice Requirement

HUNTINGTON, W.Va. - A federal judge in West Virginia on Aug. 6 refused to dismiss a West Virginia city's lawsuit against the owners of a landfill in Hurricane, W.Va., for alleged violations of the Resource Conservation and Recovery Act (RCRA), ruling that the chemicals at issue render the claim exempt from the statute's 90-day notice requirement (City of Hurricane, West Virginia, et al. v. Disposal Service Management Inc., et al., No. 14-15850, S.D. W.Va.; 2014 U.S. Dist. LEXIS 107897).

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