Contamination Doesn't Always Justify An Injunction

Law360 (April 11, 2019, 3:20 PM EDT) -- A few recent decisions by Illinois-based courts show that proving a defendant is liable for environmental contamination does not automatically entitle a plaintiff to a mandatory injunction requiring investigation or remediation. Plaintiffs must still prove what is necessary to be done, and defendants can defeat the injunction request by proving the contamination has already been addressed and no further action is needed.

Two of the recent decisions arose in citizen suits under the Resource Conservation Recovery Act, or RCRA. Other cases resulted from government prosecutions of violations of state statutes.

In LAJIM LLC v. General Electric Co.[1], the plaintiffs owned properties...

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