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Provided research and consulting support in a case involving a
Southern NPL site that had also filed for RCRA interim
status. State and other plaintiff’s alleged that RCRA’s
Direct Action Provision and Financial Responsibility
Requirements provided an independent cause of action to be
reimbursed for Superfund and State-related claim expenditures
by the site’s RCRA insurance carriers. Research conducted for
Defense Group revealed that: 1) neither RCRA nor CERCLA’s
provisions or legislative history ever contemplated such a
relationship; and 2) that for time period on interest, RCRA’s
financial responsibility requirements did not involve
corrective action. Judge dismissed plaintiff’s claim of a
CERCLA cause of action under RCRA. |