Chart v. Town of Parma, 2014 WL 4923166 (WDNY 2014)

Sep 30, 2014

OUTCOME: The WDNY held that pesticide contaminated topsoil that had been relocated from a former apple orchard to a town park was solid waste under RCRA.

Plaintiff sued Town over alleged contamination of Town Park with topsoil containing unsafe levels of arsenic, lead, DDT, DDD and DDE under the Resource Conservation and Recovery Act ("RCRA"). The Town ... moved for summary judgment and preclusion of expert testimony.