Angioli
Hinds Investments, L.P. v. Angioli
Opinion
Opinion
Gould, J.
Plaintiffs Hinds Investments, L.P. and Patricia McLaughlin (collectively, “Hinds”) appeal the district court’s dismissal of their claims against manufacturers of dry cleaning equipment brought, inter alia, under the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. § 6901 et seq. RCRA permits citizen suits against “any person ... who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment.” Id. § 6972(a)(1)(B). The district court held that Hinds’s allegations that the manufacturers contributed to waste disposal, by the design of machines that generated waste and by the instructions they gave on use of these machines, were insufficient as a matter of law to support a civil action under RCRA because all of the defendant manufacturers’ alleged contributions were passive. We affirm. We hold that, for RCRA liability, “contribution” requires more active involvement than was alleged as to the defendant manufacturers.