Meghrig v. KFC Western, Inc., 516 U.S. 479, 9 (1996)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  Next

Cite as: 516 U. S. 479 (1996)

Opinion of the Court

the Federal Government feel compelled to address, could recover their response costs, whereas those parties whose waste problems were sufficiently severe as to attract the attention of Government officials would be left without a recovery.

Though it agrees that KFC's complaint is defective for failing properly to allege an "imminent and substantial endangerment," the Government (as amicus) nonetheless joins KFC in arguing that § 6972(a) does not in all circumstances preclude an award of past cleanup costs. See Brief for United States as Amicus Curiae 22-28. The Government posits a situation in which suit is properly brought while the waste at issue continues to pose an imminent endangerment, and suggests that the plaintiff in such a case could seek equitable restitution of money previously spent on cleanup efforts. Echoing a similar argument made by KFC, see Brief for Respondent 11-19, the Government does not rely on the remedies expressly provided in § 6972(a), but rather cites a line of cases holding that district courts retain inherent authority to award any equitable remedy that is not expressly taken away from them by Congress. See, e. g., Porter v. Warner Holding Co., 328 U. S. 395 (1946); Wyandotte Transp. Co. v. United States, 389 U. S. 191 (1967); Hecht Co. v. Bowles, 321 U. S. 321 (1944).

RCRA does not prevent a private party from recovering its cleanup costs under other federal or state laws, see § 6972(f) (preserving remedies under statutory and common law), but the limited remedies described in § 6972(a), along with the stark differences between the language of that section and the cost recovery provisions of CERCLA, amply demonstrate that Congress did not intend for a private citizen to be able to undertake a cleanup and then proceed to recover its costs under RCRA. As we explained in Middlesex County Sewerage Authority v. National Sea Clammers Assn., 453 U. S. 1, 14 (1981), where Congress has provided "elaborate enforcement provisions" for remedying the viola-

487

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: October 4, 2007