ELR Citation: ELR 20044
No(s). 08-00855 (D. Colo. Feb 18, 2009)

A district court held that a cause of action under §7002(a)(1)(A) of the Resource Conservation and Recovery Act (RCRA) can only be brought against an owner or operator of a polluting property who is "alleged to be in violation" of RCRA at the time the suit is brought. Under RCRA §7002(a)(1)(A), a citizen may commence suit on his own behalf against any person "who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter." Because the prior property owner at issue in this case sold the property in 1983—and has conducted no activity on the property since—it cannot be "alleged to be in violation" of RCRA. Its actions are wholly past violations that do not give rise to suit under §7002(a)(1)(A).