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· 4/27/1987

McGregor v. Industrial Excess Landfill, Inc.

Citations

  • 709 F. Supp. 1401
  • 105 A.L.R. Fed. 783
  • 1987 U.S. Dist. LEXIS 14567
  • 1987 WL 49841

How courts have described this case

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

  • only Attorney General, through EPA, has authority to seek injunctive relief under Section 106
  • “Congress intended to provide the private right of action under RCRA only when the EPA or the state fail[s] to act to remedy the hazardous situation.”
  • RCRA “expressly prohibits the filing of private suits” once EPA takes action
  • “Only when the federal and state governments fail to act to remedy the situation or file suit in either State or federal courts due to inadequate public resources did Congress envision the need for private citizens to commence actions to correct environmental hazards.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sam H. Bell

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.