· 5/25/1993
City of Toledo v. Beazer Materials and Services, Inc.
Citations
- 833 F. Supp. 646
- 1993 U.S. Dist. LEXIS 14080
- 1993 WL 392753
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the prior disposal of waste is an ongoing violation until the proper disposal procedures are put into effect or the hazardous waste is cleaned up
- holding that the prior disposal of waste is an ongoing violation until the proper disposal procedures are put into effect or the hazardous waste is cleaned up
- holding a valid claim exists against a prior owner under Section 6972(a)(1)(A) “as long as no proper disposal procedures are put into effect or as long as the waste has not been cleaned up and the environmental effects remain remediable”
- disposal of wastes can be continuing violation in RCRA citizen suit if waste not remediated
- active disposal at site continued until 1987, long after RCRA permit requirements went into effect
- disposal of wastes in violation of the RCRA can constitute a continuing violation for purposes of citizen suit as long as the waste has not been remediated and the environmental effects remain remediable
Source: CourtListener parenthetical corpus (CC0).
Judges: Dowd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.