ELR Citation: ELR 20108
No(s). 91-C-1074 (D. Colo. Aug 6, 1991)

The court holds that it has subject matter jurisdiction over an environmental organization's action against a Colorado chemical corporation for damages and injunctive and declaratory relief under the Resource Conservation and Recovery Act (RCRA). Adopting the reasoning of the court in United States v. Conservation Chemical Co. of Illinois, 17 ELR 20970, the court holds that citizen suits may be brought under RCRA in states, such as Colorado, that have hazardous waste programs authorized by the Environmental Protection Agency.

[A previous decision in this litigation is published at 22 ELR 20108.]

Counsel for Plaintiff
Adam Babich
1515 Arapahoe St., Tower 3, Ste. 1100, Denver CO 80202
(303) 820-4497

Counsel for Defendant
Phillip Figa
5251 DTC Pkwy., Penthouse 3, Englewood CO 80111
(303) 796-2626