480
Syllabus
(b) Section 6972(a)(1)(B)—which permits citizen suits against persons responsible for "waste which may present an imminent and substantial endangerment to health or the environment" (emphasis added)—does not authorize a suit based upon an allegation that the contaminated site posed such an endangerment at some time in the past. This timing restriction's plain meaning demonstrates that an endangerment can only be "imminent" if it threatens to occur immediately, and the reference to waste which "may present" imminent harm quite clearly excludes waste that no longer presents such a danger. This language implies that there must be a threat which is present now, although the impact of the threat may not be felt until later. It follows that § 6972(a) was designed to provide a remedy that ameliorates present or obviates the risk of future "imminent" harms, not a remedy that compensates for past cleanup efforts. Other aspects of RCRA's enforcement scheme strongly support this conclusion, and the existence of such an elaborate scheme refutes the Government's contention that district courts may award past cleanup costs under their inherent equitable remedial authority. Pp. 485-488. (c) This Court does not consider whether a private party could seek to obtain an injunction requiring another party to pay cleanup costs arising after a RCRA citizen suit has been properly commenced. P. 488. 49 F. 3d 518, reversed.
O'Connor, J., delivered the opinion for a unanimous Court.
John P. Zaimes argued the cause and filed briefs for petitioners.
Jeffrey P. Minear argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Schiffer, Deputy Solicitor General Wallace, Anne S. Almy, and John T. Stahr.
Daniel Romano argued the cause and filed a brief for respondent.*
*Briefs of amici curiae urging reversal were filed for the Petroleum Marketers Association of America by Alphonse M. Alfano and Robert S. Bassman; for the Southern California Service Station Association by Dimitri G. Daskalopoulos; and for the Western States Petroleum Association by Donna R. Black.
Briefs of amici curiae urging affirmance were filed for the Commonwealth of Massachusetts et al. by Scott Harshbarger, Attorney General of
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