By Andrew H. Perellis

It’s an all too familiar scenario. You learn that your drinking water supply has been contaminated by a defunct manufacturing operation on adjacent property.

In response, you file a lawsuit involving RCRA’s citizen suit provisions to allege that the former owner or operator violated RCRA’s substantive requirements by disposing of hazardous waste without a permit. 42

Continue Reading When Can a Former Owner or Operator be Sued for Past Substantive RCRA Violations?

By Craig B. Simonsen and Jeryl L. Olson

The District Court of Idaho, in Idaho Conservation League v. Atlanta Gold Corporation, No. 11-CV-161 (January 9, 2012), recently granted summary judgment to allow standing in a citizen’s suit. In the case, Atlantic Gold Corporation (Defendant) held a U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) permit which

Continue Reading District Court Finds Citizen Suit Standing in NPDES Permit Violations Case – Grants Summary Judgment on Liability