Legal Opinion

Chico Service Station, Inc. v. Sol Puerto Rico Ltd.

Court of Appeals for the First Circuit

Decided January 26, 2011No. 10-1200PublishedCited by 59 opinions

1Opinion of the Court

LIPEZ, Circuit Judge.

This appeal requires us to assess the propriety of Burford abstention in a citizen suit under the federal Resource Conservation and Recovery Act (“RCRA”). Appellants Chico Service Station, Inc. and José Chico brought the suit in an effort to force the cleanup of contamination caused by leaking underground storage tanks (“USTs”) at a former gasoline filling station. Their citizen suit represents the latest in a long-running series of proceedings aimed at addressing contamination at the site. In addition to an investigatory proceeding at the Puerto Rico Environmental…

2Cases cited43 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Burford v. Sun Oil Co.Supreme Court of the United States · 1943
  3. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  4. Cohens v. VirginiaSupreme Court of the United States · 1821
  5. New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989

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3Cited by59 opinions

  1. Adkins v. VIM Recycling, Inc.Court of Appeals for the Seventh Circuit · 2011
  2. Kuperman v. WrennCourt of Appeals for the First Circuit · 2011
  3. Town of Barnstable v. O'ConnorCourt of Appeals for the First Circuit · 2015
  4. Baykeeper v. NL Industries, Inc.Court of Appeals for the Third Circuit · 2011
  5. Forty Six Hundred, LLC v. Cadence Education, LLCCourt of Appeals for the First Circuit · 2021

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