Legal Opinion
Gilbert Ashoff, Marjorie Ashoff, Friends of the Russian River, California Corporation and Miles T. Crail v. City of Ukiah
Court of Appeals for the Ninth Circuit
Decided December 2, 1997No. 97-15010PublishedCited by 47 opinions
1Opinion of the Court
GOODWIN, Circuit Judge.
This appeal is narrowly focused on the question whether the Resource Conservation and Recovery Act (“RCRA”) authorizes citizen suits in federal courts claiming only violations of state standards that exceed the federal criteria. Gilbert Ashoff and others (collectively, “Ashoff’) sued for an injunction against the City of UMah, alleging that its Solid Waste Disposal Site violated RCRA, the Clean Water Act (the “CWA”) and state law. On a motion by the City of Ukiah, the district court dismissed Ashoffs RCRA claim for lack of subject matter jurisdiction and the CWA claim.…
2Cases cited12 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Bennett v. SpearSupreme Court of the United States · 1997
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
- Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
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3Cited by47 opinions
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- Amado De Lara Bellajaro v. Thomas J. Schiltgen, District Director of the Ins, Los Angeles District Office Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2004
- Covington v. Jefferson CountyCourt of Appeals for the Ninth Circuit · 2004
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