Hazardous Waste

Purchaser Found “Contributing to” Contamination for Failing to Provide Access for Remedial Activities

Purchaser found contamination after closing and filed lawsuit under citizen suit provision of RCRA 7002 . Defendant brings counterclaim asserting that plaintiff is obstructing remediation by denying access. Court denies plaintiff motion to dismiss on grounds that its obstruction could be construed as active storage of wastes and allowing continued leaching of wastes. Therefore, plaintiff …

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Confusion Over Scope And Timing of RCRA Cleanup Leads to Potential Liability for Brownfield Developer

Last year, the brownfield community was rattled by the Ashley II decision of United States District court for the District of South Carolina holding that a brownfield developer failed to comply with the requirements of the Bona Fide Prospective Purchaser defense. The court ruled the developer did not comply with its post-closing continuing care obligations …

Confusion Over Scope And Timing of RCRA Cleanup Leads to Potential Liability for Brownfield Developer Read More »

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