Purchaser found contamination after closing and filed RCRA 7002 action. Defendant brings counterclaim asserting that plaintiff is obstructing remediation by denying access. Court denies plaintifff motion to dismiss on grounds that its obstruction could be construed as active storage of wastes and allowing continued leaching of wastes. Therefore, plaintiff could be actively "contributing" to the hazardous waste condition. Carlson v Ameren Corp., 2011 U.S. Lexis 5997 (C.D.Ill. 1/21/11)
Could be instructive as well for complying with post-closing CERCLA continuing obligations.
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