Legal Opinion

Burnette v. Carothers

Court of Appeals for the Second Circuit

Decided September 13, 1999No. Docket Nos. 98-7835, 98-9003PublishedCited by 86 opinions

1Opinion of the Court

WINTER, Chief Judge:

This is an appeal from the dismissal of a citizen enforcement action brought pursuant to the citizen suit provisions of the Clean Water Act (“CWA”), 33 U.S.C. § 1365, the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6972, and the Comprehensive Environmental Response, Compensation and Liabihty Act (“CERCLA”), 42 U.S.C. § 9659, as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub.L. No. 99-499, 100 Stat. 1613 (1986). Because we agree with the district court that the Eleventh Amendment bars the relief sought by the citizen suit and the…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  4. Ex Parte YoungSupreme Court of the United States · 1908
  5. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984

23 more not listed; retrieve them via the Exa API.

3Cited by86 opinions

  1. Mayor and City Council of Baltimore, Maryland v. Citigroup, Inc.Court of Appeals for the Second Circuit · 2013
  2. Ricky Baker v. David Alan DorfmanCourt of Appeals for the Second Circuit · 2000
  3. Dennis Paese v. Hartford Life and Accident Insurance CompanyCourt of Appeals for the Second Circuit · 2006
  4. Burnette v. CarothersCourt of Appeals for the Second Circuit · 1999
  5. John R. D'alessio, D'Alessio Securities, Inc. v. New York Stock Exchange, Inc., Richard A. Grasso, Edward A. Kwalwasser, and Robert J. McSweeneyCourt of Appeals for the Second Circuit · 2001

81 more not listed; retrieve them via the Exa API.

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