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Seventh Circuit· 5/3/2011

Adkins v. VIM Recycling, Inc.

Citations

  • 644 F.3d 483
  • 41 Envtl. L. Rep. (Envtl. Law Inst.) 20171
  • 72 ERC (BNA) 1801
  • 2011 U.S. App. LEXIS 9046
  • 2011 WL 1642860

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • writing that it was “incorrect” for the district court to treat RCRA’s statutory bars as “a question of subject matter jurisdiction”
  • analyzing verb tenses of similarly worded commencement bar in the Resource Conservation and Recovery Act
  • reversing Colorado River abstention in environmental case where citizen plaintiffs were not substantially the same as IDEM
  • Burford did not apply because environmental claims could be heard in courts of general jurisdiction throughout the state
  • “This conclusion applies the familiar equitable principle of judicial estoppel: a party who prevails on one ground in a prior proceeding cannot turn around and deny that ground in a later proceeding.”
  • “[F]or Colorado River purposes . . . [p]recisely formal symmetry is unnecessary.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ripple, Hamilton, Murphy

Read full opinion on CourtListener

Cited by

52 cases in this archive cite this case; the 20 most cited are listed.

Cites

52 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.