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· 7/12/2010

Interfaith Community Organization Inc. v. PPG Industries, Inc.

Citations

  • 702 F. Supp. 2d 295
  • 2010 U.S. Dist. LEXIS 69187
  • 2010 WL 1371783

How courts have described this case

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

  • holding that federal courts have exclusive jurisdiction over RCRA claims and that abstention is inappropriate under both the primary jurisdiction and Buiford abstention doctrines
  • “New Jersey and federal res judicata have [the] same elements.” (citing Watkins v. Resorts Int’l Hotel & Casino, Inc., 591 A.2d 592, 599 (N.J. 1991))
  • “The DEP’s general discretion with regard to environmental matters in this state does not circumscribe citizen suits authorized by Congress.”
  • “The questions before this Court arise under the language of the RCRA, a statute which the DEP has no discretion to interpret.”
  • “The DEP’s general discretion with regard to environmental matters in this state does not circumscribe citizen suits authorized by Congress.”
  • “The mere fact that a state agency has taken some action on the waste at issue here does not make this Court’s subsequent involvement a disruptive intrusion into the state’s capacity to create a coherent policy.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Greenaway

Read full opinion on CourtListener

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.