Books and Journals Section 86 Judicial Actions Under RCRA for Injunctive and Monetary Relief Regarding Violations

Section 86 Judicial Actions Under RCRA for Injunctive and Monetary Relief Regarding Violations

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In United States v. Power Engineering Co., 191 F.3d 1224 (10th Cir. 1999), cert. denied, 529 U.S. 1086 (2000), the appeals court affirmed the issuance of an injunction requiring owners of an industrial site who violated RCRA to provide $3.5 million in financial assurances for closure and postclosure. The district court had found an injunction requiring financial assurances necessary because the defendants’ past actions—ignoring the statute and seeking to evade payment—indicated that they could not be relied on to complete necessary cleanup and closure. United States v. Power Eng’g Co., 10 F. Supp. 2d...

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