ELR Citation: 43 ELR 20188
No(s). 12-1288, -1418 (3d Cir. Aug 6, 2013)

The Third Circuit, in a case involving a contaminated site in New Jersey, affirmed in part and reversed in part a lower court decision finding the former owner of the site liable to the current owner under CERCLA but not RCRA. The lower court ruled that the current owner's claim for injunctive relief under RCRA was barred by New Jersey's "entire controversy doctrine" because it failed to assert the claim in earlier state court proceedings. But federal courts have exclusive jurisdiction over claims brought under RCRA. The New Jersey state court therefore lacks subject matter jurisdiction over RCRA claims. Accordingly, the lower court erred in determining that the entire controversy doctrine applied and in granting summary judgment to the former owners on that basis. And while the court agreed almost entirely with the lower court's assessment of the parties' CERCLA claims, it reversed the court's order to the extent that it denied the current owner's request for prejudgment interest under CERCLA §107(a).