· 10/26/2004
Ellis v. Gallatin Steel Co.
Citations
- 390 F.3d 461
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the traditional standards for obtaining injunctive relief includes a showing of irreparable harm, but in the context of an injunction granted “under state law” and citing to precedent addressing preliminary injunctions
- noting that people bringing CAA citizen suits “seek relief not on their own behalf but on behalf of society as a whole,” so “‘personalized’ remedies are not a first priority of the Act”
- noting that, where the U.S. EPA had reached consent decrees with a violator in federal court, the citizen plaintiff had three avenues of relief: petition the EPA to enforce the consent decrees, petition the EPA or the court to modify the consent decrees, or submit a new notice letter
- first citing EPA v. City of Green Forest, 921 F.2d 1394, 1403–04 (8th Cir. 1990); then citing Citizens Legal Env’t Action Network, Inc. v. Premium Standard Farms, Inc., No. 97-6073-SJ-6, 2000 WL 220464, at (W.D. Mo. Feb. 23, 2000
- describing the Clean Air Act
Source: CourtListener parenthetical corpus (CC0).
Judges: Siler, Daughtrey, Sutton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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