Coalition for Health Concern v. LWD, Inc.

MEMORANDUM OPINION

JOHNSTONE, District Judge.

This is a citizen suit brought under Section 7002 of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6972, and Section 310 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9659. Plaintiffs are environmental groups with members who live near Defendant LWD, Inc.’s hazardous waste incineration and disposal facilities at Calvert City, Kentucky, and an individual who also lives near the facilities. They claim that LWD is operating its facilities in violation of several provisions of…