Conway v. General Electric Co., No. 18-1522 (7th Cir. 2019)Annotate this Case
Plaintiffs purchased land near a former GE manufacturing plant that had operated in Morrison, Illinois for 60 years. The plant leached toxic chemicals that seeped into the groundwater. The Illinois Environmental Protection Agency filed suit under state law against GE in 2004 and has been working with the company since then to investigate and develop a plan to address the contamination. In 2013, plaintiffs filed suit under the citizen suit provision of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, seeking a mandatory injunction ordering GE to conduct additional investigation into the scope of the contamination and ordering the company to remove the contamination. The district court found the company liable for the contamination on summary judgment but denied injunctive relief because, despite the many opportunities, plaintiffs did not offer evidence establishing a need for injunctive relief beyond what the company had already done in the state action. The Seventh Circuit affirmed. The district court had the discretion to award injunctive relief under the RCRA but was not required to order relief after a finding of liability. Plaintiffs did not carry their burden to establish mandatory injunctive relief was necessary under the RCRA.