Judge Allows Property Owner To Amend Resource Conservation And Recovery Act Claim

Mealey's (January 23, 2019, 1:41 PM EST) -- SAN DIEGO — A federal judge in California on Jan. 22 dismissed without prejudice a property owner’s claim that companies that worked on a construction project violated the Resource Conservation and Recovery Act (RCRA) when dumping materials from the project on his property, holding that while he sufficiently alleged that the defendants contributed to the disposal of hazardous waste, he did not allege that the waste presented an imminent threat to human health and the environment (Todd Ingalls v. AMG Demolition & Environmental Services, et al., No. 17-cv-2013, S.D. Calif., 2019 U.S. Dist. LEXIS 10198)....