Two recent cases illustrate the potential scope of, and the
potential limitations on, injunctive relief in RCRA citizen suits.
First up, Schmucker v. Johnson Controls.
Contamination was detected at the Johnson Controls manufacturing
facility in Goshen, Indiana. In response, Johnson Controls
performed substantial remediation under the auspices of the Indiana
Department of Environmental Management's Voluntary Remediation
Program. Nonetheless, significant contamination remains at the
site, including a groundwater plume running beneath residences. In
2011, TCE was detected in indoor air at concentrations exceeding
IDEM's screening level. Johnson Controls installed vapor
mitigation systems at all affected residences, and concentrations
were below screening levels in all the residences after
installation of the mitigation.
