Trinity Part II: RCRA Injunctive Relief Not Available Where Remediation Is Ongoing

August 23, 2013
Suzanne Ilene Schiller
MGKF Litigation Blog

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. Read the full blog post found at the MGKF Litigation blog.