ELR Citation: ELR 20191
No(s). 85-508 (E.D. Ky. May 22, 1989)

The court holds that a citizen suit, alleging that corporations illegally dumped hazardous wastes at a landfill, is not precluded by a pending state administrative action and that the landfill owner, who the court originally joined as a defendant, should be realigned as a plaintiff. The court holds that the two counts of the citizen suit based on the Federal Water Pollution Control Act and the Resource Conservation Recovery Act are not precluded because a state administrative action is not a civil or criminal action in a court, as required for preclusion under both statutes. The court next holds that the landfill owner's interests are the same as the residents', and he should be realigned as a plaintiff. The landfill owner declared under oath that he would allow reasonable access to the site for any inspection, testing, or cleanup ordered by the court, and he had no prior knowledge of the alleged contamination before he purchased the property.

[A previous case in this litigation is published at 18 ELR 21498.]

Counsel for Plaintiffs
D. David Altman
414 Walnut St., Ste. 1006, Cincinnati OH 45202
(513) 721-2180

Robert E. Reeves
Robert E. Reeves & Graddy
167 W. Main St., Ste. 300, Lexington KY 40507
(606) 252-8539

Counsel for Defendants
Joseph Karaganis
Karaganis & White, Ltd.
150 N. Wacker Dr., Chicago IL 60606
(312) 836-1177

Timothy Vanderver Jr.
Patton, Boggs & Blow
2550 M St. NW, Washington DC 20037-1350
(202) 457-6000