· 7/30/1998
Pmc, Inc. v. Sherwin-Williams Company
Citations
- 151 F.3d 610
- 28 Envtl. L. Rep. (Envtl. Law Inst.) 21568
- 47 ERC (BNA) 1185
- 1998 U.S. App. LEXIS 17563
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that such an \all-at-once determination\ is proper as it economizes on judicial time
- noting that “there may be room for applying the doctrines of abstention ... in cases in which a state has a formal administrative proceeding in progress that the citizens’ suit would disrupt”
- concluding after bench trial that plaintiff should be allocated no costs because contribution to harm “inconsequential”
- explaining that abstaining in favor of a state administrative action would be an “end run around RCRA”
- noting that \there may be room for applying the doctrines of abstention . . . in cases in which a state has a formal administrative proceeding in progress that the citizens' suit would disrupt\
- explaining that although the citizens’ suit under RCRA was not statutorily barred, “there may be room for applying the doctrines of abstention or primary jurisdiction (different labels for the same thing, in this context
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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