
Subscribe for updates
Recent Posts
- Ninth Circuit Upholds Vacatur of Some Oil and Gas Leases
- Court Dismisses Microplastics Consumer Protection Suit Citing Federal Preemption
- Montana Supreme Court Finds Constitutional Right to Stable Climate
- D.C. Circuit Issues Surprise Holding in NEPA Dispute: CEQ Regulations are Non-Binding
- New Mexico District Court Applies Pro-Rata Method to Settlement under CERCLA
Topics
- Federal Land Policy and Management Act
- Council on Environmental Quality
- Agency Action
- Loper Bright
- New Jersey Civil Rights Act
- Public Trust Doctrine
- Environmental Justice
- Disparate Impact
- Title VI
- Massachusetts
- Internal Investigation
- Evidence
- Citizens Suit
- Georgia
- FIFRA
- Federal Insecticide, Fungicide, and Rodenticide Act
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- Solvents
- National Priorities List
- Vapor Intrusion
- Price-Anderson Act
- Solid Waste Management Act
- Successor Liability
- Personal Jurisdiction
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- National Contingency Plan
- Apportionment
- Divisibility
- Water Pollution Control Act
- Strict Liability
- Utilities
- Public Utilities Commission
- Historic Resources
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Utah
- Federal Tort Claims Act
- New Mexico
- Tribal Lands
- Gold King Mine
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- FERC
- National Forest Management Act
- United States Supreme Court
- Chevron Deference
- Endangered Species Act
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- Building Materials
- First Circuit
- Property Damage
- PCBs
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- FOIA
- Effluents
- Sediment Sites
- EHB
- Missouri
- Pipelines
- Texas
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Civil Penalties
- Clean Streams Law
- Hearing Board
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Property Value
- Stigma
- Fair Market Value
- Tax assessment
- Damages
- Storage Tank
- Indemnification
- Energy
- Fifth Circuit
- Electric
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Residential
- Inspection
- Freshwater Wetlands Protect Act
- New York
- Pennsylvania Department of Environmental Protection
- Natural Gas Act
- Federal Energy Regulatory Commission
- Hazardous Air Pollutants
- HAPs
- D.C. Circuit
- Mercury
- Takings
- Condemnation
- Natural Gas
- Storage
- Flooding
- Fifth Amendment
- Takings Clause
- Causation
- Spill Act
- NEPA
- Tenth Circuit
- Interior
- Mineral Leasing Act
- California
- Zoning
- Act 13
- Insurance Coverage
- Duty to Defend
- Landfill
- Eminent Domain
- Sixth Circuit
- Private Right of Action
- Illinois
- Water
- Subject Matter Jurisdiction
- Citizen Suit
- Diligent Prosecution
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Montana
- Equal-Footing Doctrine
- Riverbed
- Navigability
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- EPA
- Declaratory Relief
- Second Circuit
- Contribution
- Procedure
- Standing
- NPDES
- Dimock
- Medical Monitoring
- Legislation
- Case Update
- Dukes
- Certification
- Contamination
- Louisiana
- CLE
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- CERCLA
- Insurance
- Defense Costs
- Cost Recovery
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Donovan
- Rapanos
- Army Corps
- Nuisance
- Class Actions
- Hog Barn
- Kentucky
- Trespass
- Farming
- Odors
- New Jersey
- ISRA
- Informal Agency Action
- Administrative Hearing
- Railroad
- Cancer
- Emissions
- Waste
- Air
- Combustion
- RCRA
- Speaking Engagements
- Third Circuit
- Toxic Torts
- Removal
- Federal Procedure
- Permits
- Title V
- Clean Air Act
- Statute of Limitations
- Cleanup
- Supreme Court
- Superfund
- Tolling
- Camp Lejeune
- Statute of Repose
- Multi-District Litigation
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Due Process
- Leases
- Exploration
- Royalties
- Drilling
- Oil and Gas
Blog editor
Blog Contributors
As footnoted in yesterday’s post, the decision in Trinity Industries, Inc. v. Chicago Bridge & Iron Co., No. 12-2059 (3rd Cir. Aug. 20, 2013), was a twofer. Yesterday, we wrote about that part of the decision which held that a party who has resolved its liability under state statutes may seek contribution under Section 113(f) of CERCLA. Today, we look at the second part of the decision, which concerns the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.
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.
The District Court denied Trinity’s claim under RCRA, holding that an injunction was not warranted because Trinity was already required by the Consent Order to remediate the contamination at the Site, and thus any such injunction would be “futile.” The Third Circuit affirmed. First, the Court noted that mandatory injunctions are “extraordinary remed[ies] that [are] only granted sparingly by the courts.” Further, RCRA permits a court to order a party to undertake remediation only as may be necessary to address the imminent threat; for contamination that is not such a threat, CERCLA provides the appropriate remedies. Since Trinity was already addressing the contamination, and there was no evidence that it was not properly doing so, the Third Circuit held that injunctive relief under RCRA was not “necessary” to address the threat.