Legal Opinion
City of Gallatin v. Cherokee County
District Court, E.D. Texas
Decided January 17, 1983No. TY-81-107-CAPublishedCited by 6 opinions
1Opinion of the Court
Memorandum Opinion
JUSTICE, Chief Judge.
The plaintiff, the City of Gallatin, Texas, has brought this civil action under the “citizen suit” provision of the Resource Conservation and Recovery Act of 1976, as amended (“RECRA”). 42 U.S.C. § 6972(a), § 6901, et seq. In its complaint, plaintiff alleges that the defendant, Cherokee County, Texas, is constructing an “open dump”, which is prohibited by RECRA at 42 U.S.C. § 6945(a). Defendant’s -proposed municipal solid waste disposal site is an “open dump”, plaintiff charges, because there is a “reasonable probability [that it will have] adverse…
2Cases cited12 opinions
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- Philbrook v. GlodgettSupreme Court of the United States · 1975
- United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
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3Cited by6 opinions
- Jones v. Inmont Corp.District Court, S.D. Ohio · 1984
- Middlesex County Board of Chosen Freeholders v. New Jersey, Department of Environmental ProtectionDistrict Court, D. New Jersey · 1986
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- Ringbolt Farms Homeowners Ass'n v. Town of HullDistrict Court, D. Massachusetts · 1989
- Blue Legs v. United States Environmental Protection AgencyDistrict Court, D. South Dakota · 1987
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