Facts of the Case

Three years after complying with a county order to clean up petroleum contamination discovered on its property, KFC Western, Inc. brought an action under the citizen suit provision -- Section 6972 -- of the Resource Conservation and Recovery Act of 1976 (RCRA) to recover its cleanup costs from the Meghrigs. KFC claimed that the contamination had previously posed an "imminent and substantial endangerment" to health or the environment and that the Meghrigs were responsible for "equitable restitution" under the Act because, as prior owners of the property, they had contributed to the contaminated site. The District Court dismissed the complaint, holding that 6972(a) does not permit recovery of past cleanup costs and that 6972 does not authorize a cause of action for the remediation of toxic waste that does not pose an "imminent and substantial endangerment" at the time suit is filed. In reversing, the Court of Appeals disagreed with the District Court on both issues.

Question

May plaintiffs use the federal Resource Conservation and Recovery Act of 1976 to sue and recover money they spent to clean up hazardous waste on their property?

Conclusion

No. In a unanimous opinion delivered by Justice Sandra Day O'Connor the Court held that section 6972 does not authorize a private cause of action to recover the prior cost of cleaning up toxic waste that does not, at the time of suit, continue to pose an endangerment to health or the environment. Writing for the court, Justice O'Connor said the law only allows private citizens to sue to minimize the present and future threat to human health and the environment and is not directed at providing compensation for past cleanup efforts.