ELR Citation: ELR 20235
No(s). 91 Civ. 3857 (WCC) (S.D.N.Y. Oct 11, 1991)

The court rules that the Resource Conservation and Recovery Act (RCRA) does not apply to the release of hazardous substances in a foreign country. An English corporation sued an american company under RCRA for the potential leakage of hazardous substances supplied by the defendant at the plaintiff's facility. The court first holds that it has subject matter jurisdiction over the plaintiff's RCRA claim, because the plaintiff based his cause of action on an act of Congress. The court holds, however, that it does not have subject matter jurisdiction over the plaintiff's claim under the Alient Tort Statute, because the complaint contains no clear allegation of a violation of the law of nations. The court next holds that on the RCRA claim, the plaintiff has failed to state a claim on which relief may be granted. The court finds that there is little if any evidence in RCRA or its legislative history to support extraterritorial application of RCRA's regulatory provisions. Several provisions of RCRA show that in adopting the statute, Congress was concerned with hazardous waste problems in the United States, not in foreign countries.

Counsel for Plaintiffs
Charles G. Moerdler, Robert J. Zastrow
Stroock & Stroock & Lavan
7 Hanover Sq., New York NY 10004
(212) 806-5400

Counsel for Defendant
Robert A. Faller
Gallagher & Gosseen
190 Willis Ave., Mineola NY 11501
(516) 742-2500

Neil G. Epstein, Carol L. Press
Hangley, Connolly, Epstein, Chicco, Foxman & Ewing
1515 Market St., 9th Fl., Philadelphia PA 19102
(215) 851-8400