· 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 CourtListenerSourced 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.