Oregon Mine Waste Contamination Suit Trimmed to Only Negligence

Oregon fill material companies lost their bid to hold construction companies accountable under the Resource Conservation and Recovery Act after alleging they failed to disclose that transported waste was contaminated.

The RCRA claim was dismissed because the companies pursuing the suit failed identify how the waste deposited at Eagle Star’s mine presents an “imminent and substantial” danger to people or the environment, Judge Karin J. Immergut of the US District Court for the District of Oregon said Monday.

Eagle Star Rock Products LLC—a sand and gravel supplier— and Wilkins Trucking Co. sued PCC Structurals Inc., Red Hawk ...