Kentucky Oil and Refining v. W.E.L., No. 7:09-148 (E.D. Ky March 8, 2010).

The Court granted a preliminary injunction ordering Kentucky Oil to clean up waste on its property, holding that W.E.L. had a substantial likelihood of success on its RCRA claim. As part of its evaluation, the Court stated that W.E.L. need not demonstrate that the waste in question originated with Kentucky Oil, but rather, that the waste was now on Kentucky Oil’s property and presents an imminent and substantial endangerment to health or the environment.