Riverkeeper v. Taylor Energy Co.

ORDER

SUSIE MORGAN, District Judge. '

Before the Court is Taylor’s Motion for Summary Judgment on RCRÁ.1 Taylor seeks summary judgment on two grounds. First, Taylor argues the RCRA does not apply to this action as a matter of law. Second, and in the alternative, Taylor argues the summary judgment record is clear that Plaintiffs cannot prevail on the merits. The Court addresses these arguments seriatim.

I. Applicability of RCRA

Taylor argues the RCRA is not the proper statute for challenging the offshore oil discharges alleged in this case. Taylor offers three arguments in support. First, “the…