ELR Citation: ELR 20867
No(s). 86-1047 (2d Cir. May 10, 1988)

The court holds that the leachate derived from emission control dust is a hazardous waste under the Resource Conservation and Recovery Act and the New York Environmental Conservation Law because it exhibits the characteristics of hazardous waste known as extraction procedure toxicity. The court notes that although the district court also held that leachate is a hazardous waste because it is derived from the disposal of a listed waste, it can affirm on the first ground alone.

[The district court opinion is published at 18 ELR 20418.]

Counsel for Plaintiff-Appellant
Paul R. Braunsdorf
Harris, Beach, Wilcox, Rubin & Levey
Granite Bldg., 130 E. Main St., Rochester NY 14604
(716) 232-4440

Counsel for Defendants-Appellees
Jacques B. Gelin
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2762

Before Timbers, Meskill and Kearse, JJ