ELR Citation: 51 ELR 20071
No(s). 17-CV-1041S (W.D.N.Y. Apr 26, 2021) (Skretny, J.)

A district court dismissed a RCRA citizen suit brought against present and former owners of chemical plants for allegedly releasing radioactive slag deposited on landowners' properties in New York. The landowners sought injunctive relief under RCRA, including ordering the plant owners to evaluate each of their properties and remove all radioactive solid wastes. The plant owners moved to dismiss on the grounds that the landowners failed to state a claim for which relief could be granted. The court found that RCRA did not apply to the recycled radioactive material deposited on the landowners' properties because reuse of the material was not considered "discarding" solid waste under the Act, and thus concluded that the landowners had failed to state a claim. It therefore granted the plant owners' motion to dismiss.