Legal Opinion
Vincente Serrano Garcia v. Cecos International, Inc.
Court of Appeals for the First Circuit
Decided May 15, 1985No. 84-1364PublishedCited by 58 opinions
1Opinion of the Court
WISDOM, Senior Circuit Judge.
This case involves federal jurisdictional requirements for certain private citizens’ suits in environmental litigation. We hold that the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. §§ 6901-6987 (1982), requires a citizen to give the Administrator actual notice of intent to sue at least sixty days before the filing of the complaint if the citizen wishes to bring action under section 6972(a)-(b) of the statute. We further find that the comprehensive remedial devices in the RCRA foreclose a claim under 42 U.S.C. § 1983 (1982). Because all parties…
2Cases cited13 opinions
- Parratt v. TaylorSupreme Court of the United States · 1981
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- Natural Resources Defense Council, Inc. v. Russell E. Train, in His Official Capacity as Administrator, Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1975
- Natural Resources Defense Council, Inc., and the State of New York, Intervenor-Appellant v. Howard H. Callaway, as Secretary of the ArmyCourt of Appeals for the Second Circuit · 1975
8 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
- Francisco Sanchez v. Esso Standard Oil Co.Court of Appeals for the First Circuit · 2009
- Dedham Water Company v. Cumberland Farms Dairy, Inc.Court of Appeals for the First Circuit · 1986
- Kimberly Mattoon v. City of PittsfieldCourt of Appeals for the First Circuit · 1992
- City of Health, Ohio v. Ashland Oil, Inc.District Court, S.D. Ohio · 1993
53 more not listed; retrieve them via the Exa API.