In United States v. Domestic Industries, Inc., 32 F. Supp. 2d 855 (E.D. Va. 1999), the district court entered summary judgment on claims that a marketer violated the used oil rule of RCRA in connection with sales of oil to the government and also rejected the marketer’s RCRA indemnity and contribution claims against its suppliers. Although the oil was not tested, there is a presumption under 40 C.F.R. part 266 that oil does not meet specifications. The defendant’s knowledge, or lack of knowledge, of...
