RECENT FEDERAL DECISIONS

June 2005

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District Court Grants Motions to Dismiss Third- Party Defendants under RCRA, where Complainants Had No Standing and Indemnity Agreements Precluded Claims
FCA Associates v. Texaco, Inc. et al., ___F.Supp.2d___

The U.S. District Court for the Western District of New York has found that the prior owner of a contaminated parcel of land could not sue subsequent owners for contribution for remediation costs or indemnity where the prior owner lacked standing under the Resource Conservation and Recovery Act (RCRA) 42 U.S.C. § 6972(a)(1)(A) and indemnity agreements protected the subsequent owners from claims related to environmental contamination.