United States v. Wade

MEMORANDUM

NEWCOMER, District Judge.

Before me is defendant Gould, Inc.’s motion to dismiss the amended complaint of plaintiff United States of America [“the government”] in this civil action brought under section 7003 of the Resource Conservation and Recovery Act 1 [“RCRA”] and section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 2 [“CERCLA”]. The government seeks to use these statutory injunctive relief provisions to impose liability upon defendant Gould and five other chemical companies for their past generation of hazardous chemical wastes which…