Liebhart v. SPX Corporation, No. 20-1384 (7th Cir. 2021)Annotate this Case
In the 1950s, a Watertown building began manufacturing operations, using PCBs. Congress banned the manufacture of PCBs in 1979. In 2004, the plant closed. In 2010, SPX commissioned an environmental study and confirmed that PCBs permeated the property. SPX's proposed remediation plan was approved by the EPA. SPX subsequently decided to demolish the building. In 2014, SPX notified the EPA of its demolition plans and its intent to complete a “self-implementing on-site cleanup” under the implementing regulation for the Toxic Substances Control Act. The contractors broke ground before EPA approval.
The Liebhart residential properties adjoin the facility. The Liebharts claim that no dust-suppression methods were used. After the demolition work ended, the Wisconsin Department of Natural Resources (DNR) ordered SPX to take soil samples, which indicated that PCBs were present on the Liebharts’ properties. Many samples exceeded the Wisconsin law residential standard. SPX submitted proposed remediation plans.
The Liebharts sued SPX and its contractors under the Toxic Substances Control Act, 15 U.S.C. 2601, and the Resource Conservation and Recovery Act, 42 U.S.C. 6901. They argued that compliance with DNR guidance was not enough; the remediation needed to comply with the U.S. EPA’s “PCB Spill Cleanup Policy.”
The district court granted the defendants summary judgment, refusing to issue an injunction. The DNR authorized and began to supervise the clean-up. The Seventh Circuit affirmed. Although there are colorable arguments that the DNR’s plan is not ideal, more is required to find that a court abused its discretion by withholding equitable relief. The Liebharts have not established substantive inadequacies in the state plan or irregularities in the DNR’s enforcement.