Spillane v. Commonwealth Edison Co.

MEMORANDUM OPINION AND ORDER

GUZMAN, District Judge.

Plaintiffs, John and Karri Spillane and Scott and Cherilyn Rutledge, have brought suit alleging violation of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6901-6987 (2008), against defendants Commonwealth Edison Company and Northern Illinois Gas Company. Defendants move to dismiss plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(1), urging the Court to abstain from exercising jurisdiction under either the Burford or Colorado abstention doctrines, or in the alternative, under the primary jurisdiction doctrine.…