Chico Service Station, Inc. v. Sol Puerto Rico Ltd.
633 F.3d 20
| 1st Cir. | 2011Background
- Chico Service Station and José Chico sued Sol Puerto Rico for cleanup of leaking underground storage tanks at a former station in Puerto Rico under RCRA citizen-suit provisions.
- The site had five USTs, contamination incl. benzene in soil and free product in groundwater; Shell had operated the site until 1987 and sold to Chico in 1987.
- EQB began long-running investigations in 1993, with limited agency action over 17 years; the EQB’s proceedings produced no final remediation plan or hearing outcomes during that period.
- Chico pursued parallel commonwealth court actions and a mandamus petition aimed at compelling testing/remediation; the commonwealth proceedings were stayed or settled in various forms.
- The district court abstained under Burford, citing state regulatory coherence and review, and Sol argued for mootness and the diligent prosecution bar; Chico appealed seeking reversal and vacatur.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Burford abstention applies to a RCRA citizen suit | Chico argues abstention is inappropriate due to minimal EQB action and federal interest in timely enforcement. | Sol contends active EQB investigation and state policy coherence justify Burford abstention. | Abstention inappropriate; federal jurisdiction should be exercised. |
| Whether the diligent prosecution bar forecloses Chico's claims | EQB has not filed a court-enforceable action addressing the alleged violations. | EQB ongoing investigation could trigger the bar under 6972(b)(1)(B) and (b)(2)(C). | Diligent prosecution bar does not apply; no formal action in court or CERCLA action exists. |
| Whether Chico's claims are moot due to potential parallel EQB relief | Relief could be granted by federal court independent of EQB proceedings. | EQB plan or penalties could render district court relief duplicative or unnecessary. | Not moot; parallel actions do not deprive federal court of live controversy. |
Key Cases Cited
- New Orleans Pub. Serv., Inc. v. Council of New Orleans, 491 U.S. 350 (U.S. 1989) (Burford abstention framework and state-review considerations)
- Bath Mem'l Hosp. v. Me. Health Care Fin. Comm'n, 853 F.2d 1007 (1st Cir. 1988) (abstention limitations; rare, narrow circumstances)
- PMC, Inc. v. Sherwin-Williams Co., 151 F.3d 610 (7th Cir. 1998) (abstention as exceptional, not routine)
- Francisco Sánchez v. Esso Standard Oil Co. (P.R.), 572 F.3d 1 (1st Cir. 2009) (RCRA UST regulations and federal-state framework)
- Marrero Hernandez v. Esso Standard Oil Co., 597 F. Supp. 2d 272 (D.P.R. 2009) (diligent-prosecution considerations in RCRA context)