Meghrig v. KFC Western, Inc.
United States Supreme Court
516 U.S. 479 (1996)
KFC Western, Inc. (plaintiff) discovered the property it bought from Alan and Margaret Meghrig (defendants) was contaminated, cleaned up the contaminated soil at its own expense, and then sued the Meghrigs under the Resource Conservation and Recovery Act (RCRA) to recover those already-completed cleanup costs. The district court dismissed, holding RCRA does not authorize recovery of past cleanup costs, but the Ninth Circuit reversed, and the Supreme Court granted certiorari.
Whether the Resource Conservation and Recovery Act authorizes a private cause of action to recover the prior cost of cleaning up toxic waste that does not, at the time of the suit, continue to pose an imminent and substantial endangerment to health or the environment.