Cordiano v. Metacon Gun Club, Inc.

575 F.3d 199 (2009)

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Cordiano v. Metacon Gun Club, Inc.

United States Court of Appeals for the Second Circuit
575 F.3d 199 (2009)

  • Written by Tammy Boggs, JD

Facts

Metacon Gun Club, Inc. (Metacon) (defendant) operated a private outdoor shooting range on a 137-acre woodsy area in Simsbury, Connecticut. The 100-yard shooting range was backed by an engineered earthen berm for bullet containment. Over many years, lead munitions had been fired and deposited at the range, which had been subject to regular clean-ups through raking within the last decade. Expert evidence regarding lead contamination of water and soil at Metacon’s site was conflicting and inconclusive. Metacon did not possess a hazardous-waste-disposal permit under the Resource Conservation and Recovery Act. The Simsbury-Avon Preservation Society, a society member, and a group of nearby homeowners (collectively, SAPS) (plaintiffs) filed suit against Metacon in district court under the act. The district court ruled in favor of Metacon, and SAPS appealed.

Rule of Law

Issue

Holding and Reasoning (Livingston, J.)

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