United States Second Circuit

In an action for violations of the Resource Conservation and Recovery Act, district court judgment is affirmed where: 1) plaintiff's claim that defendant was operating a hazardous waste disposal facility without a permit in violation of 42 U.S.C. sec. 6925(a) was properly dismissed as the lead on defendant's site was not abandoned but was the result of the regular, intended use of lead shot at a shooting range, and thus defendant was not required to obtain a permit under the statute; 2) the court properly granted defendant summary judgment on the imminent and substantial endangerment claim as the fact that defendant's site exceeded RSR and SEH standards was insufficient to create a material issue of fact as to whether lead contamination on the site may present an imminent and substantial endangerment; and 3) the court properly granted summary judgment to defendant on the Clean Water Act claim as plaintiff failed to provide sufficient evidence to raise a material issue of fact as to whether defendant's discharges lead into jurisdictional wetlands from a point source.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• DEBRA ANN LIVINGSTON, Circuit Judge:, Before:  RAGGI, WESLEY, and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrew J. McDonald, James T. Shearin, Diane Woodfield Whitney, Pullman and Comley, LLC, Hartford, CT, for Plaintiffs-Appellants., Amber Blaha, Katherine J. Barton, Bradford McLane, Attorneys, United States Department of Justice, Environment and Natural Resources Division, Karyn Wendelow Ski, Office of the General Counsel, United States Environmental Protection Agency, Daniel Inkelas, Office of the Chief Counsel, United States Army Corps of Engineers, for Amici Curiae the United States., James G. Murphy, for Amici Curiae National Wildlife Federation, Connecticut Fund for the Environment, Conservation Law Foundation, Environmental Advocates of New York, Farmington River Watershed Association, Natural Resources Defense Council, Rivers Alliance of Connecticut, Sierra Club, and Vermont Natural Resources Council, Inc., supporting Plaintiffs-Appellants.


• For Appellees:
  
• M. Reed Hopper, Pacific Legal Foundation, Bellevue, WA, for Defendants-Appellees., Deirdre G. Duncan, Virginia S. Albrecht, Jeffrey C. Corey, for Amici Curiae the National Association of Home Builders, the American Farm Bureau Federation, and the Chamber of Commerce of the United States of America, supporting Defendants-Appellees.