Tri-Realty Co. v. Ursinus Coll.

摘要

The Court will grant in part and deny in part each of Ursinus's Motions for Summary Judgment. Subject to the limitations discussed above, the Court will grant summary judgment as to the RCRA claim, except with respect to four theories of liability: (1) that humans and animals may face an imminent and substantial en-dangerment as a result of intermittent exposure to contamination at College Arms; (2) that animals may face an imminent and substantial endangerment as a result of prolonged exposure to contamination at College Arms; (3) that humans may face an imminent and substantial endangerment as a result of the spread of contamination to locations at College Arms that might result in prolonged human exposure to contamination; and (4) that the environment "in and of itself" may be endangered. Additionally, and also subject to the limitations discussed above, the Court will grant summary judgment as to the CWA claim with respect to any theory of liability based on alleged discharges of pollution into the alleged wetlands, but deny summary judgment with respect to any theory of liability based on alleged discharges of pollution into the Lower Drainage Swale and/or Bum Hollow Run.