2nd Circuit: Storage Of Hazardous Waste Is A Continuing Offense

Mealey's (January 14, 2016, 9:19 AM EST) -- NEW YORK — A Second Circuit U.S. Court of Appeals panel on Jan. 11 overruled a defendant company’s argument that the federal government’s claim against it under the Resource Conservation and Recovery Act (RCRA) was untimely, holding that the storage of hazardous waste constitutes a continuing offense (United States of America v. Tonawanda Coke Corp., No. 14-1091-cr, 2nd Cir.; 2016 U.S. Dist. LEXIS 332).

(Order available. Document #08-160115-031R.)

A panel composed of Circuit Judges Pierre N. Leval, Jose A. Cabranes and Raymond J. Lohier Jr. concluded...
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