RECENT FEDERAL DECISIONS

July 2011

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District Court Holds City May Be Liable under RCRA after Private Parties Dump Hazardous Waste into Leaky Sewer
KFD Enterprises, Inc., v. City of Eureka, ___F.Supp.2d___

The U.S. District Court for the Northern District of California denied in part and granted in part a motion to dismiss plaintiff KFD Enterprises, Inc.’s fourth amended complaint. Plaintiff brought suit against the City of Eureka under the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and California state law. The city moved to dismiss the plaintiff’s complaint on three grounds. First, the city argued that plaintiff lacked standing. Second, the city moved to dismiss the RCRA claim for insufficient notice and for failure to plead sufficient facts. Third, the city moved to dismiss the state law claims, arguing that they were time barred.