Judge: Groups Have Standing To Bring RCRA Claim, Not Clean Water Act Claim

Mealey's (March 30, 2018, 11:10 AM EDT) -- TRENTON, N.J. — A federal judge in New Jersey on March 27 found that two environmental groups have standing under Article III of the U.S. Constitution to bring claims that NL Industries Inc. and others violated the Resource Conservation and Recovery Act (RCRA) by disposing of chemicals into Raritan River and that they failed to produce sufficient evidence to show that the defendants violated the Clean Water Act (CWA) by discharging pollutants in levels that exceeded those allowed by National Pollutant Discharge Elimination System (NPDES) permits (Raritan Baykeeper, et al. v. NL Industries Ind., et al, No. 09-4117, D. N.J., 2018 U.S. Dist. LEXIS 52297)....