UNITED STATES DISTRICT COURT
SOUTHERN JX3TRICT OF NEW YORK
_____________________________________I__--------------------------
WILLIAM M. SMITH, as President and on behalf of the
NEW YORK METRO AREA POSTAL. UNION,
AF'WU, AFL-CIO and DENNIS O'NEIL,
Plaintiffs, COFWLAINT AND
DEMAND
-again@- Civ.
JOHN E. POTTER,
Postmaster General of the United St&z,
Defendant.
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NATURE OF THE ACTION
1. This action is a citizen suit brought under Section 7002 of the Resource
Conservation and Recovery Act ("RCRA" or "the Act"), 42 USC, 5 6972. Plaintiffs are
requestig that the court take strong corrective action to protect the lives of thousands of postal
workers, as well the health and safety of the general public, from the failure of the United
Postal Service ("USPS" or "Postal Service") to properly respond to the threats caused by anthm.
Plaintiffs seek a declaratory judgment, injunctive relief, and an award of cost.5, including
attorneys' and expert witness fees, because of the "imminent and substantial endangerment to
health or the environment" caused by the USPS' actions or lack thereof in handling, transpo~~g,
storing and disposing of anti, and because of the USPS' violations of the provisions of
RCRA.
JURISDICTION AND VEN-I,Jl$
2. The jurisdiction of this court is predicated on the existence of a federal
question, pursuant to 28 USC. $1331. The court also has jurisdiction, under 42 U.S.C.
$6972(a)(l) (A) and (B). The court's suppIemental jurisdiction under 28 U.S.C. 41367 is also
SNIPPETS:
UNITED STATES DISTRICT COURT SOUTHERN JX3TRICT OF NEW YORK
NEW YORK METRO AREA POSTAL.
workers, as well the health and safety of the general public, from the failure of the United
Postal Service ("USPS" or "Postal Service") to properly respond to the threats caused by
Plaintiffs seek a declaratory judgment, injunctive relief, and an award of cost.5, including
health or the environment" caused by the USPS' actions or lack thereof in handling,
may present an imminent and substautial endangerment to he&h or the environment".
An action under 42 USC.
and my person alleged to have contributed or to be contributing.
days &er the plaintiff has given notice of the violation to the Administrator [of the
States, and to the State of New York, of the intention of plaintiffs to file suit, as
has handled, transported, stored and/or disposed of hazardous waste in violation of RCRA.
contained anthrax, and contributed to the contamination of the Morgan facility and possibly
On or about September 18,2001, letters containing anthrax bacteria were
The Morgan facility contains mechanized letter sorting machines,
On or about September 22,2001, two maihoom employees and a photo
The contamination of American Media Corporertion with anthrax WBS
New York Metro &st learned that the Morgan
USPS ignored this request and continued to insist that its facilities were safe,
Plaintiffs repeat and reallege each and every allegation set forth in the
The term "hazardous waste" is defined in the Act as a solid waste "which
storage, treatment, transportation, or disposal of a hazardous waste-in such manner as to
solid or hgvlrdous waste which may present an imminent and substantial endangerment to health
H. Award plaintiffs their costs, including reasonable attorneys' fees, technical
consultant fees, and expert witness fees, as authorized by $7002of the Act, 42 USC $6972,
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