Advice for Owners of Contaminated Land after Meghrig V. KFC Western, Inc.
Jerome M. Organ
University of St. Thomas - School of Law (Minnesota)
Environmental Law Reporter, Vol. 26, p. 10582, Nov. 1996
In its decision in Meghrig v. KFC Western, Inc., the United States Supreme Court concluded that section 7002(a)(1)(B) of the Resource Conservation and Recovery Act does not authorize private parties to recover cleanup costs associated with contaminated land, but only authorizes injunctive relief. This means owners of contaminated land must choose whether to seek injunctive relief under RCRA or cost recovery action under CERCLA or state common law or statutory claims. This article analyzes and critiques the Meghrig decision and discusses how owners of contaminated land should evaluate and decide among the options available to them for seeking relief.
Number of Pages in PDF File: 16
Keywords: RCRA, CERCLA, contaminated land, cost recovery
Date posted: May 4, 2010