ELR Citation: ELR 21220
No(s). K87-138 CA (W.D. Mich. Jan 28, 1991)

The court holds that defendants found liable in a Resource Conservation and Recovery Act (RCRA) enforcement action may not sue an alleged owner/operator for contribution for remedial expenses. The court rules that RCRA does not provide for a right of contribution among joint tortfeasors. RCRA §7002(a)(1)(B) does not expressly create a right of contribution and nothing in the Act implies a right of contribution. This result is supported by the fact that RCRA §7002 does not provide a private right-of-action for damage. The court also holds that defendants may not bring an action under RCRA's citizen suit provision against the alleged owner/operator because the state has commenced and is diligently prosecuting an action under RCRA §7002(a)(1)(B).

Counsel are listed at 21 ELR 21214.