United States Second Circuit

In a dispute involving the Resource Conservation and Recovery Act of 1976 (RCRA), judgment of the district court partially vacating its summary judgment order is affirmed where it properly: 1) determined that the potential harm posed by aminoethylethanolamine (AEEA) in defendants' waste did not constitute a serious endangerment; 2) granted defendants’ motion to dismiss all claims related to AEEA because plaintiffs had failed to satisfy the citizen suit notice requirements of the RCRA; and 3) found that arsenic was not present at a level high enough to subject defendants to liability under RCRA.

Appellate Information

• Decided 07/18/2011
• Published 07/18/2011

Judges

• MINER

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David K. Mears, Alan P. Biederman