|RECENT FEDERAL DECISIONS|
District Court Finds Admission that Release ‘May’ Present an Imminent and Substantial Endangerment Sufficient to Grant Affirmative Relief
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Olson v. Beck, ___F.Supp.2d___
The U.S. District Court for the Northern District of California has granted in part, and denied in part, plaintiffs’ motion for summary judgment pursuant to the Resource Conservation and Recovery Act (RCRA) and multiple nuisance causes of action arising out of the contamination of their property from defendants’ operation of a service station on adjacent land. The court held that by defendants’ own admissions, defendants were liable under RCRA as a past or present owner/operator of a storage facility who had contributed to the past storage of hazardous waste that may present an imminent and substantial endangerment to health or the environment.
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Read related items on:
Statutes - Federal) Resource Conservation and Recovery Act) Imminent and Substantial Endangerment Provision
Statutes - Federal) Resource Conservation and Recovery Act) Pleading
Topics) Litigation) Injunctive Relief
Northern District of California
Olson v. Beck