Suit Seeks New Hearing On Ruling Extending CWA Permit 'Shield' To RCRA

摘要

Baltimore citizens are urging a federal appeals court to scrap and remand a district court ruling that extended a Clean Water Act (CWA) permit "shield" against legal liability to cover contamination under the Resource Conservation & Recovery Act (RCRA), and to force a new lower court hearing on their suit seeking RCRA remediation. In an Oct. 15 brief filed with the U.S. Court of Appeals for the 4th Circuit, the citizens in Goldfarb, et al. v. Mayor and City Council of Baltimore, et al. say the district court judge's novel ruling expanding the scope of the shield suffers from legal and procedural errors. The citizens are ultimately trying to win a ruling that would allow for expanded RCRA cleanup mandates to address contamination claims against the owners of a casino built on the site of a former chemical plant in the city. Relevant documents are available on InsideEPA.com. See page 2 for details.