ELR Citation: ELR 20926
No(s). 3:CV-93-0503 (M.D. Pa. Oct 18, 1993)

The court grants a motion to remand to state court a case in which an individual alleged only state, common-law causes of action arising from the disposal of hazardous materials. Plaintiff alleged causes of action for negligence, strict liability, nuisance, trespass, intentional infliction of mental and emotional distress and injury, and negligent infliction of mental and emotional distress and injury. The court first holds that the case was improperly removed to federal court, because diversity of citizenship does not exist among the parties and plaintiff's complaint does not allege a cause of action requiring resolution of a substantial question of federal law. The court holds that a question of law does not exist under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA), because no private cause of action exists under CERCLA or RCRA to recover damages for personal injuries—the remedy plaintiff seeks. Also, negligence per se under CERCLA and RCRA is only one of plaintiff's theories of recovery. The court denies plaintiff's motion to impose sanctions, because the removal and the arguments made in defendants' brief in opposition to the motion to remand to state court were not frivolous or made in bad faith.

Counsel for Plaintiff
Robert J. Sugarman
Sugarman & Associates
101 N. Broad St., Philadelphia PA 19107
(215) 864-2500

Counsel for Defendants
Stephen G. Morrison, Richard H. Willis
Nelson, Mullins, Riley & Scarborough
Keenan Bldg., 1330 Lady St., 3d Fl., P.O. Box 11070, Columbia SC 29211
(803) 799-2000