Editors' Summary: Property owners often respond to solid and hazardous waste contamination of their properties by cleaning up the contamination and then seeking reimbursement of cleanup costs from responsible parties under federal and state hazardous waste laws. RCRA is one such law; however, RCRA §7002 does not explicitly provide for recovery of damages. A court faced with a RCRA §7002 citizen suit to recover cleanup costs must imply a private cause of action for damages. This Article addresses the availability of a private cause of action for damages under RCRA §7002.

Earlier this year in KFC Western, Inc. v. Meghrig, the U.S. Court of Appeals for the Ninth Circuit ruled that private parties may obtain restitution of the costs of cleaning up contaminated property under §7002(a)(1)(B) of the Resource Conservation and Recovery Act (RCRA). The Ninth Circuit's ruling in KFC Western opened the way for private parties to use the RCRA citizen suit provision to recover their costs of investigating, studying, and cleaning up contaminated property from responsible parties.

Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean Special Area Management Plan (O-SAMP), a regulatory invention of the Coastal Zone Management Act. Notably, the Rhode Island O-SAMP maps and plans for uses in federal waters beyond the three-mile line dividing state and fedeal jurisdiction, as well as within the state's territorial sea, posing a challenge to the boundaries of offshore federalism.