The court in Hodgins v. Carlisle Engineered Products, Inc.,
No. 1:02-CV-01454, 2006 WL 721762 (N.D. Ohio Mar. 20, 2006), found that the defendant had indisputably violated RCRA regulations by failing to comply with waste storage and record retention requirements. But because it had been years since waste had been stored at the site, there was very little risk and an injunction was not appropriate.
In Nashua Corp. v. Norton Co., 116 F. Supp. 2d 330 (N.D.N.Y. 2000), following Meghrig v. KFC Western, Inc., 516 U.S. 479 (1996), the court held that the plaintiff was not entitled to recover any past response costs, whether characterized as investigatory or clean-up costs, under RCRA 42 U.S.C. § 6972(a)(1)(B) (regarding imminent and substantial endangerment). Nashua Corp. involved CERCLA and RCRA claims brought by an owner of an industrial site against a prior owner of the site regarding hazardous substance contamination at the site. The court went on to hold that the plaintiff was entitled to contribution under...
