RECENT FEDERAL DECISIONS

June 2007

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District Court Holds Asbestos Building Materials, Left Intact within the Structure, Do Not Constitute Disposed Materials under CERCLA or Solid Waste under RCRA
Sycamore Industrial Park Associates v. Ericsson, Inc., ___F.Supp.2d___

The District Court for the Northern District of Illinois dismissed Sycamore Industrial Park Associates’ (Sycamore) claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA), holding asbestos-containing construction materials, left unused but in-tact within a building’s structure do not constitute “disposed” materials under CERCLA or “solid” or “hazardous” waste under RCRA.