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FEIKEMA v. TEXACO, INC.

No. 93-1649.

16 F.3d 1408 (1994)

Brian FEIKEMA; Pamela Feikema; Harley Ferrell; Shirley Ferrell; Joseph Fleming; Maryann Fleming; John H. Hammond; Karen Hammond; Robert Kertscher; Nancy Kertscher; Peter Kot; Ann Kot; William I. Lowry; Rose Lowry; Mary Louise Salem, Plaintiffs-Appellants, v. TEXACO, INC.; Texaco Refining and Marketing (East), Incorporated; Saudi Refining, Inc.; Star Enterprise, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1994.

Attorney(s) appearing for the Case

ARGUED: Mark P. Friedlander, Jr., Friedlander & Friedlander, P.C., Arlington, Virginia, for Appellants. Richard E. Wallace, Jr., Howrey & Simon, Washington, D.C., for Appellees. ON BRIEF: Mitchell E. Rapp, John L. Howard, Jr., Howrey & Simon, Washington, D.C.; John A.C. Keith, Blankingship & Keith, Fairfax, Virginia, for Appellees.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

The question of first impression presented on this appeal is whether the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or an administrative order entered pursuant to it, preempts state common law causes of action for nuisance and trespass. Several homeowners in Fairfax, Virginia, filed a complaint in March 1993 against Texaco, Inc. and Star Enterprises (collectively "Texaco"), alleging that...

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