Dust In The Wind: Seventh Circuit Opens Door for Citizen Suits Under RCRA

Thu, 04/11/2019 - 12:45

The Seventh Circuit recently slapped down a decision dismissing a citizen suit for environmental contamination, throwing court doors wide open to private plaintiffs seeking injunctive relief under the Resource Conservation and Recovery Act (RCRA).With its March 6, 2019, decision in Liebhart v. SPX Corporation, the Seventh Circuit joined eight other circuits in adopting a lenient interpretation of RCRA’s requirement that plaintiffs show “imminent and substantial endangerment to health” from contamination. The decision empowers federal courts in Illinois, Indiana and Wisconsin to issue orders “to eliminate the risks posed by toxic waste.” SEE: https://www.natlawreview.com/article/dust-wind-seventh-circuit-opens-door-citizen-suits-under-rcra