ELR Citation: 52 ELR 20137
No(s). 2:20-cv-00537 (S.D.W. Va. Dec 9, 2022) (Goodwin, J.)

A district court granted in part and denied in part a pipeline owner's motion for summary judgment in a CERCLA suit brought by the owner of land where the pipeline is located in West Virginia. The landowner alleged that the pipeline leaked and contaminated her soil and groundwater, and sought to recover response costs from the pipeline's current owner under CERCLA, citizen suit relief from permitting violations and for abatement of an imminent and substantial endangerment under RCRA, and relief for private nuisance and negligence. The court granted summary judgment for the pipeline owner with respect to the landowner's private nuisance, negligence, and judicial abatement claims, but denied the motion as to the claims concerning response costs and permitting violations, finding they involved questions of fact that, while material, did not appear to be substantial. It directed those issues to be resolved privately.