Hernandez v. Esso Standard Oil Co.(Puerto Rico)

ORDER

GUSTAVO A. GELPI, District Judge.

This matter is before the court on defendant Esso’s series of motions regarding jury trial on plaintiffs federal claims (Docket Nos. 981, 995, 1001, 1004, 1005). Esso moves for a bench trial as to plaintiffs’ claims under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6991 et seq. (“RCRA”), and the Clean Water Act, 33 U.S.C. §§ 1251 et seq. (“CWA”). 1 Defendant relies on various arguments, but the main thrust of its contention is that civil penalties do not proceed in this case under those statutes. Since under Tull v. United States, 481…