State Enforcement Action Is No Bar To RCRA Citizen Suit, Seventh Circuit Says

摘要

A federal appeals court held May 3 that a citizen suit under the Resource Conservation and Recovery Act may proceed even though a state agency filed enforcement actions against the same alleged violators, including a state court lawsuit filed before the citizen suit (Adkins v. VIM Recycling Inc., 7th Cir., No. 10-2237,5/3/11). In its decision, the U.S. Court of Appeals for the Seventh Circuit said a federal district court erred in ruling that RCRA precluded the citizen suit and abused its discretion in failing to exercise jurisdiction by relying on the federal abstention doctrine.