ELR Citation: 50 ELR 20196
No(s). 3:14-cv-1593JD (N.D. Ind. Aug 10, 2020) (Deguilio, J.)

A district court denied injunctive relief to residents in a lawsuit concerning soil and groundwater contamination at and adjacent to a manufacturing facility in Goshen, Indiana. Residents living adjacent to the facility brought a citizen suit under RCRA, arguing that the contamination might present an endangerment to their health and the environment and seeking injunctive relief requiring the facility to remediate the soil at the site and the shallow and deep groundwater both on- and off-site. The court found that while contamination still existed on-site and off-site, the residents failed to show that the contamination might present an endangerment that was both imminent and substantial. The contamination did not pose a threat to the city wellfield, nor was there any speculative threat to drinking water through private wells or city water lines, and it did not endanger the environment. The court therefore held that injunctive relief was not warranted.