Liebhart v. SPX Corporation

Dist. Ct. erred in granting defendants’ motion for summary judgment in plaintiffs-landowners’ actions seeking injunctive relief under Resource Conservation and Recovery Act (RCRA) and Toxic Substances Control Act (TSCA), alleging that defendants’ demolition of building that contained hazardous PCBs jeopardized their health when dust allegedly containing said PCBs migrated to their property during demolition process. Dist. Ct. used wrong legal standard when determining whether alleged contamination, which was found in plaintiffs’ yard, but not in their home or in their bodies, might present imminent and substantial danger to their health, where: (1) Dist. Ct. required plaintiffs to show that level of PCBs was above levels that were considered acceptable by state; and (2) Dist. Ct. should have determined whether PCBs that are currently on plaintiff’s property had potential to substantially threaten their health at some point in future if they continued to occupy premises and prolonged their exposure. Ct. also directed Dist. Ct. to reconsider question as to whether there was need under RCRA and/or TSCA to enjoin defendants under either statute, where defendants had previously obtained state agency approval of their proffered clean-up plan.