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Goldfarb v. Mayor & City Council of Baltimore

United States Court of Appeals, Fourth Circuit

July 1, 2015

BRUCE GOLDFARB; MICHAEL GALLAGHER, Plaintiffs - Appellants,
v.
MAYOR AND CITY COUNCIL OF BALTIMORE; CITY OF BALTIMORE DEVELOPMENT CORPORATION; CBAC GAMING, LLC; CBAC BORROWER, LLC; MARYLAND CHEMICAL COMPANY, INC., Defendants -- Appellees and RUTH SHERRILL; ELIZABETH ARNOLD; MERAB RICE; SHERRY MOORE-EDMONDS; TIM BULL; JULIA DINKINS, Plaintiffs,

Argued March 25, 2015

Page 501

Appeal from the United States District Court for the District of Maryland, at Baltimore. (1:13-cv-02768-RDB). Richard D. Bennett, District Judge.

ARGUED:

Timothy Robert Henderson, RICH & HENDERSON, PC, Annapolis, Maryland, for Appellants.

Mary Rosewin Sweeney, VENABLE LLP, Baltimore, Maryland; Matthew Wade Nayden, BALTIMORE CITY SOLICITOR'S OFFICE, Baltimore, Maryland; Donald James Walsh, OFFIT KURMAN, PA, Owings Mills, Maryland, for Appellees.

ON BRIEF:

Thomas M. Lingan, Kenneth L. Thompson, VENABLE LLP, Baltimore, Maryland, for Appellees CBAC Borrower, LLC, and CBAC Gaming, LLC; Amy Beth Leasure, Elizabeth R. Martinez, BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellees Mayor and City Council of Baltimore and City of Baltimore Development Corporation.

Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges.

OPINION

Page 502

AGEE, Circuit Judge

The Resource Conservation and Recovery Act (" RCRA" ), 42 U.S.C. § 6901 et seq., " establishes a cradle-to-grave regulatory program for hazardous waste management." Envtl. Tech. Council v. Sierra Club, 98 F.3d 774, 779 (4th Cir. 1996). Several Maryland residents brought statutory claims under the RCRA against the current and former owners of an industrial property in Baltimore alleged to have been contaminated by hazardous waste. The district court granted the property owners' motions to dismiss the claims. For the reasons set forth below, we vacate the district court's judgment and remand for further proceedings.

Page 503

I. [1]


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