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· 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 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.