ELR Citation: ELR 20181
No(s). 89-B-181 (D. Colo. Feb 28, 1990)

The court holds that a former government contractor is potentially liable for closure, under the Resource Conservation and Recovery Act (RCRA), of an incinerator at a federal facility, notwithstanding the fact that the contractor is no longer an operator of the facility. The contractor moved to be dismissed, on grounds of mootness, from a citizen enforcement suit for injunctive relief to address alleged RCRA violations at the facility. The plaintiff had filed a motion to amend its complaint, seeking to add a claim under RCRA §7002(a)(1)(B). The court holds that under RCRA §7002, it may enforce RCRA to the full extent of its legal and equitable powers. The court grants the contractor's motion to dismiss the plaintiff's request that the court enjoin the contractor from operating an incinerator at the facility, but denies dismissal as to the plaintiff's claim against the operator for closure of the facility.

Counsel for Plaintiff
Reed Zars
Sierra Club Legal Defense Fund
1631 Glenarm Pl., Ste. 300, Denver CO 80202
(303) 623-9466

Counsel for Defendants
Mary E. Ward
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000