Parker V. Scrap Metal Processors

The plaintiffs, Quebell Parker ("Mrs. Parker"), Sandra Skypek, and Charles Parker, (collectively "the Parkers"), filed suit against the defendants, Scrap Metal Processors, Inc. ("SMP") and its predecessors in interest, alleging negligence, negligence per se, nuisance, trespass, violations of the Clean Water Act ("CWA") and the Resource Conservation and Recovery Act ("RCRA"), and violations of various state environmental statutes. A jury returned a verdict against the defendants on all counts. The defendants appeal only the jury's determination that they are liable under the CWA and the RCRA, as well as the award of damages. We conclude that there was substantial evidence for the jury to find the defendants liable under the CWA and the RCRA, but reverse the damages award and remand for a new trial on the issue of damages.