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Talarico Bros. Bldg. Corp. v. Union Carbide Corp.

Disposal of Radioactive Slag as Asphalt Base Not 'Discarding' of Solid Waste Under RCRA

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DECISION AND ORDER I. Introduction This is a Resource Conservation and Recovery Act citizen suit, 42 U.S.C. §6972 (“RCRA”), with related state tort claims by property owners in Niagara and Erie Counties, New York, against the present and former owners of chemical plants that allegedly released radioactive slag deposited on their properties (see Docket No. 26, Am. Compl.

1-6, 22-23, 36-38, 63, 70-78). Before this Court is Defendants’ Motion to Dismiss (Docket No. 29). For the reasons stated herein, Defendants’ Motion to Dismiss (id.) is granted. II. Background Twenty-eight Plaintiffs1 who own twenty affected properties collectively sue three chemical plant operators (Docket No. 26, Am. Compl.

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