City of Evanston v. N. Ill. Gas Co.

摘要

For the reasons stated herein, the Court grants in part and denies in part Defendants' motion to dismiss Plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) [27]. Count Ⅱ is dismissed without prejudice. In addition, the Court grants Defendants' motion to dismiss Plaintiffs request for civil penalties under RCRA. The request for civil penalties in Count Ⅰ of the complaint is accordingly stricken. In all other respects, Defendants' motion to dismiss is denied.