Environmental due diligence is a critical component of any property transaction where potential environmental risks are a concern—minimize risks and protect yourself from...
By Peter Hayes
A Wisconsin couple may pursue federal hazardous waste claims over the demolition of a neighbor’s building that spread PCBs to their property, a federal district court ruled Nov. 2 ( Liebhart v. SPX Corp. , 2017 BL 393729, W.D. Wis., No. 16-cv-700, 11/2/17 ).
The fact that polychlorinated biphenyls already are regulated expressly under the Toxic Substances Control Act doesn’t bar a citizen suit under the Resource Conservation and Recovery Act, the U.S. District Court for the Western District of Wisconsin said.
William and Nancy Liebhart may proceed with their suit against the owner of the property, SPX Corp., as well as TRC Companies Inc., which oversaw the demolition, and Apollo Dismantling Services LLC, which conducted the demolition, the court said.
The court declined to rule on the argument of SPX that PCBs don’t constitute hazardous waste under RCRA.
SPX argued that the Environmental Protection Agency’s failure to identify PCBs as a hazardous waste subject to regulation under RCRA excludes PCBs from the definition of “hazardous waste” under RCRA.
Even if PCBs aren't a “hazardous waste” under RCRA, they are a “solid waste,” which also is covered by RCRA, the court said.
PCBs were used in electrical transformers, paint, caulking, sealants, inks, and lubricants and have been banned since the 1970s.
Judge James D. Peterson issued the opinion.
The Law Offices of Carey S. Rosemarin P.C. and Reinhart Boerner Van Deuren SC represent the Liebharts.
Nixon Peabody LLP represents SPX.
Fisher Bren & Sheridan LLP represents TRC.
Litchfield Cavo LLP and Segal McCambridge Singer Maloney represent Apollo.
Full text of opinion available at http://src.bna.com/tXE.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)