ELR Citation: ELR 20180
No(s). 3-91-0499 (Ill. App. Ct. Aug 31, 1992)

The court holds that a state and county's claim for injunctive relief seeking the removal of hazardous wastes at the Sheffield hazardous waste sites in Illinois is preempted by orders of the U.S. Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act (RCRA) §3008(h), requiring that the wastes be contained at the sites. The lower court held that the injunctive relief sought conflicted with the remedial requirements imposed by EPA on the sites. The court first held that state injunctive relief is preempted by EPA's orders, because a state-law injunction would impede fulfillment of RCRA's purposes and objectives by severely restricting the remedial options available to EPA. The court also holds that a state and county may not avail themselves of RCRA's §7002(f) preemption exemption pursuant to RCRA's citizen suit provision. Congress intended to preserve traditional remedies under state statutory and common law by virtue of RCRA's §7002(f) preemption exemption for private citizens, not governmental corporations. Finally, the court holds that RCRA's §3009 savings clause does not exempt the cause of action from federal preemption, because it does not allow local governments to demand different remedies than those ordered by EPA where there is no challenge to the environmental standards to be attained.

Counsel for Plaintiffs-Appellants
Rita M. Novak, Ass't Attorney General
Attorney General's Office
Illinois State Bldg.
100 W. Randolph Dr., Chicago IL 60601
(312) 814-3000

Counsel for Defendants-Appellees
Cary R. Perlman
Latham & Watkins
Sears Tower, Ste. 5800, Chicago IL 60606
(312) 876-7700
Robert M. Olian
Sidley & Austin
One First National Plaza, Chicago IL 60603
(312) 853-7000

Justice Barry delivered the Opinion of the court.

McCUSKEY and GORMAN, JJ., concur.