In an action for violations of the Resource Conservation and Recovery Act, district court judgment is affirmed where: 1) plaintiff's claim that defendant was operating a hazardous waste disposal facility without a permit in violation of 42 U.S.C. sec. 6925(a) was properly dismissed as the lead on defendant's site was not abandoned but was the result of the regular, intended use of lead shot at a shooting range, and thus defendant was not required to obtain a permit under the statute; 2) the court properly granted defendant summary judgment on the imminent and substantial endangerment claim as the fact that defendant's site exceeded RSR and SEH standards was insufficient to create a material issue of fact as to whether lead contamination on the site may present an imminent and substantial endangerment; and 3) the court properly granted summary judgment to defendant on the Clean Water Act claim as plaintiff failed to provide sufficient evidence to raise a material issue of fact as to whether defendant's discharges lead into jurisdictional wetlands from a point source.
Appeal from the United States District Court for the Western District of New York.
Argued: August 4, 2008
Decided: July 31, 2009
Before RAGGI, WESLEY, and LIVINGSTON, Circuit Judges.
Opinion by LIVINGSTON, Circuit Judge.
For Defendant: M. REED HOPPER, Pacific Legal Foundation, Bellevue, Wash.