ELR Citation: ELR 20180
No(s). 91-C-1074 (D. Colo. Nov 16, 1993)

Having previously dismissed portions of a Resource Conservation and Recovery Act (RCRA) citizen suit for alleging violation of RCRA provisions that have been superseded by state law, and having then granted the citizen enforcer's motion to amend its complaint to assert violations of an EPA-authorized state hazardous waste program, the court grants the plaintiff environmental group summary judgment and declares that the defendant violated state and federal law by storing hazardous waste without a permit or interim status.

[Related decisions are published at 22 ELR 20108 (two decisions), [second decision], 23 ELR 20814, and 24 ELR 20176.]

Counsel for Plaintiff
Joshua Epel
Gablehouse & Epel
1050 17th St., Ste. 1730, Denver CO 80265
(303) 572-0050