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· 12/22/2006

Maine People's Alliance & Natural Resources Defense Council v. Mallinckrodt, Inc.

Citations

  • 471 F.3d 277
  • 37 Envtl. L. Rep. (Envtl. Law Inst.) 20008
  • 63 ERC (BNA) 1737
  • 2006 U.S. App. LEXIS 31506
  • 2006 WL 3759298

How courts have described this case

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

  • holding that, under RCRA, “an imminent and substantial endangerment requires a reasonable prospect of a near-term threat of serious potential harm”
  • holding that, under Resource Conservation and Recovery Act (RCRA), “an imminent and substantial endangerment (continued...
  • recognizing “section 7002(a)(1)(B) applies to both solid waste and hazardous waste”
  • discussing RCRA, and remarking that the district court “sensibly left open the possibility that primary jurisdiction concerns could arise in the future”
  • endorsing the district court’s use of data to determine the specific risks associated with high mercury concentrations in river sediment
  • noting that “at least four 25 of our sister circuits have construed [§ 6972(a)(1)(B)] expansively” and that “all four courts have 26 emphasized the preeminence of the word ‘may’ in defining the degree of risk needed to support [§ 27 6972(a)(1)(B)’s] liability standard”

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Howard, Smith

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.