Liebhart v. SPX Corporation

Dist. Ct. did not err in denying plaintiffs' request for injunctive relief under Resource Conservation and Recovery Act (RCRA) and Toxic Substances Control Act (TSCA) that would have required defendants to clean up plaintiffs' neighboring properties that were allegedly contaminated with PSBs that had emanated from defendants' property. Dist. Ct. has discretion to determine whether injunctive relief is warranted, even if it had found liability under RCRA or TSCA. Moreover, record showed that Wisconsin Department of Natural Resources (DNR) had authorized clean-up plan proposed by defendants and had begun to supervise clean-up of plaintiff's properties. In this regard, plaintiffs failed to establish that there were substantive inadequacies in said plan, or irregularities in DNR's enforcement of said plan so as to warrant additional oversight through requested injunctive relief.