RESOURCE CONSERVATION

AND RECOVERY ACT

Paxton, a proprietor, intended to set up a recycling

facility on one of his properties. He then contracted

with Wal-Mart to recycle or dispose of various lamps

and bulbs that contained spent mercury and other products

that contained lead. Instead of recycling the items,

Paxton crushed or shredded them and left them piled

on the property. The state determined that there were

hazardous waste violations, and it filed suit.

CASE QUESTIONS

1. What federal statute(s) could apply to this case? Explain.

2. Citing the RCRA "cradle-to-grave" procedure, do

you think Wal-Mart was contributory in violation of

the statute? Why or why not?