Are Drinking Water Providers Liable Under RCRA for Contaminants They Didn’t Introduce?

The U.S. Court of Appeals for the Ninth Circuit recently vacated a summary judgment previously granted to the city of Vacaville, California, in a citizen suit brought under the Resource Conservation and Recovery Act (RCRA). California River Watch v. City of Vacaville questioned whether a drinking water provider could have RCRA liability as a transporter of waste due to the presence of a contaminant in the drinking water which was not introduced by the provider and which did not cause the drinking water to fail applicable federal and state drinking water standards.