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· 1/6/2016

Larry Askins v. Ohio Department of Agriculture

Citations

  • 809 F.3d 868
  • 46 Envtl. L. Rep. (Envtl. Law Inst.) 20010
  • 81 ERC (BNA) 2009
  • 2016 U.S. App. LEXIS 57
  • 2016 WL 66614

How courts have described this case

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

  • holding that Act does not permit citizen suits against states in their regulatory capacity
  • suggesting citizens are “backup” to the EPA and states, which are the primary enforcers
  • first citing 33 U.S.C. § 1365(a)(2); and then citing Dep’t of Energy v. Ohio, 503 U.S. 607, 615 (1992)
  • “The citizen suit serves only as a backup, ‘permitting citizens to abate pollution when the government cannot or will not command compliance’” (emphasis in original

Source: CourtListener parenthetical corpus (CC0).

Judges: Cole, Daughtrey, Donald

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.