Subscribe for updates
Recent Posts
- New Jersey Federal Court Dismisses PFAS Consumer Suit Against Band-Aid on Standing Grounds
- Massachusetts Federal Court Concludes that Biopellets Containing PFAS are “Useful Products,” Providing Defense to Superfund Liability
- District Court Certifies 23(b)(3) Class Action Alleging Injury from Misrepresentations That Pet Food Was “Healthy” Despite Presence of PFAS
- Fifth Circuit Upholds TCEQ’s Third Construction Extension for Texas LNG Project
- Sixth Circuit Holds Clean Air Act Requires Compliance with RACT even where Attainment Application is Pending
Topics
- State Implementation Plans
- Venue
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Agency Action
- Loper Bright
- Council on Environmental Quality
- Public Trust Doctrine
- New Jersey Civil Rights Act
- Title VI
- Environmental Justice
- Disparate Impact
- Massachusetts
- Evidence
- Internal Investigation
- Citizens Suit
- FIFRA
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- National Priorities List
- Vapor Intrusion
- Solvents
- Price-Anderson Act
- Solid Waste Management Act
- Personal Jurisdiction
- Successor Liability
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Apportionment
- National Contingency Plan
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Public Utilities Commission
- Utilities
- Historic Resources
- Hydraulic Fracturing
- Water Use
- PFAS
- Ohio
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Martime
- Asbestos
- Gold King Mine
- New Mexico
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- FERC
- National Forest Management Act
- Endangered Species Act
- Chevron Deference
- United States Supreme Court
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Building Materials
- Property Damage
- First Circuit
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfields
- Innocent Party
- Brownfield
- Environmental Rights Amendment
- PHMSA
- Pipeline Hazardous Materials Safety Administration
- Effluents
- FOIA
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Hearing Board
- Civil Penalties
- Clean Streams Law
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Damages
- Stigma
- Fair Market Value
- Tax assessment
- Property Value
- Storage Tank
- Fifth Circuit
- Energy
- Electric
- Indemnification
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Natural Gas
- Procedure
- Contamination
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- Federal Energy Regulatory Commission
- Hazardous Air Pollutants
- HAPs
- D.C. Circuit
- Mercury
- Condemnation
- Takings
- Storage
- Flooding
- Takings Clause
- Fifth Amendment
- Spill Act
- Causation
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Act 13
- Zoning
- Duty to Defend
- Insurance Coverage
- Landfill
- Eminent Domain
- Sixth Circuit
- Private Right of Action
- Illinois
- Water
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Riverbed
- Navigability
- Montana
- Equal-Footing Doctrine
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Boiler MACT
- EPA
- Enforcement
- Delay Notice
- Equity
- Laches
- CISWI
- Rulemaking
- Consent Decree
- Second Circuit
- Declaratory Relief
- Contribution
- NPDES
- Standing
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Louisiana
- Certification
- Dukes
- CLE
- Discovery
- Cases to Watch
- Privilege
- Work Product
- Expert Witness
- Decisions of Note
- Defense Costs
- Insurance
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Rapanos
- Army Corps
- Donovan
- Farming
- Class Actions
- Kentucky
- Nuisance
- Hog Barn
- Trespass
- Odors
- Informal Agency Action
- ISRA
- Administrative Hearing
- New Jersey
- Cancer
- Air
- Combustion
- Emissions
- Waste
- Railroad
- RCRA
- Speaking Engagements
- CERCLA
- Third Circuit
- Removal
- Toxic Torts
- Federal Procedure
- Permits
- Clean Air Act
- Title V
- Statute of Limitations
- Cleanup
- Supreme Court
- Cost Recovery
- Superfund
- Camp Lejeune
- Tolling
- Statute of Repose
- Multi-District Litigation
- Mineral Rights
- Clean Water Act
- Wetlands
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Deeds
- Due Process
- Exploration
- Drilling
- Leases
- Oil and Gas
- Royalties
- Real Estate
Blog editor
Blog Contributors
As footnoted in yesterday’s post, the decision in Trinity Industries, Inc. v. Chicago Bridge & Iron Co., No. 12-2059 (3rd Cir. Aug. 20, 2013), was a twofer. Yesterday, we wrote about that part of the decision which held that a party who has resolved its liability under state statutes may seek contribution under Section 113(f) of CERCLA. Today, we look at the second part of the decision, which concerns the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.
RCRA regulates the disposal of hazardous waste “from cradle-to-grave,” and one of its most potent provisions, Section 7002(a)(1)(B), allows a private party to bring an action for injunctive relief against any past or present generator or handler of hazardous waste where there is an “imminent and substantial endangerment to health or the environment.” In Trinity Industries, Inc., the present owner of a contaminated site, then remediating the property pursuant to a consent decree, brought suit against a former owner and, along with CERCLA and state law claims for contribution and cost recovery, sought an injunction under RCRA requiring the former owner, Chicago Bridge & Iron Co. (“CB&I”), to remediate contamination at the site.
The District Court denied Trinity’s claim under RCRA, holding that an injunction was not warranted because Trinity was already required by the Consent Order to remediate the contamination at the Site, and thus any such injunction would be “futile.” The Third Circuit affirmed. First, the Court noted that mandatory injunctions are “extraordinary remed[ies] that [are] only granted sparingly by the courts.” Further, RCRA permits a court to order a party to undertake remediation only as may be necessary to address the imminent threat; for contamination that is not such a threat, CERCLA provides the appropriate remedies. Since Trinity was already addressing the contamination, and there was no evidence that it was not properly doing so, the Third Circuit held that injunctive relief under RCRA was not “necessary” to address the threat.
