ELR Citation: ELR 20101
No(s). 09-480 (D.N.J. Mar 26, 2010)

A district court denied a chromium production facility operator’s motion for summary judgment with respect to claims seeking remediation of hexavalent chromium contamination under the imminent and substantial endangerment citizen suit provision of RCRA. A consent decree between the chromium production facility operator and the New Jersey Department of Environmental Protection did not render the claims moot because the complaint seeks remedies outside of those provided in the consent decree. The consent decree does not preclude the claims under the Full Faith and Credit Act and res judicata because New Jersey preclusion rules require prior jurisdictional competency, and federal courts have exclusive jurisdiction over RCRA suits. Abstention is not appropriate under various doctrines because a RCRA suit may exist in spite of other actions having been taken to resolve the same matter. Finally, the court declined to stay the claims pending fulfillment of the consent decree obligations because to do so would defeat the purpose of RCRA’s imminent and substantial endangerment provision and run contrary to the court’s unflagging obligation to exercise its jurisdiction.