Legal Opinion
Espinosa v. Roswell Tower, Inc.
Court of Appeals for the Tenth Circuit
Decided August 17, 1994No. 93-2238PublishedCited by 1 opinion
1Opinion of the Court
LOGAN, Circuit Judge.
The New Mexico Environmental Department and its Secretary, Judith M. Espinosa (collectively NMED), brought suit against Roswell Tower, Inc., Ray Bell and Leonard Talbert (defendants) alleging violations of the Clean Air Act, 42 U.S.C. §§ 7401 et seq.1 The district court granted summary judgment for defendants; NMED appeals. The only issue on appeal is whether NMED can invoke federal jurisdiction to seek federal penalties under the Clean Air Act after having prevailed in a state enforcement suit.
In 1991, NMED filed suit against these defendants in state court, alleging…
2Cases cited9 opinions
- Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975
- Union Electric Co. v. Environmental Protection AgencySupreme Court of the United States · 1976
- Union Electric Company v. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 1975
- United States v. Louisiana-Pacific Corp.District Court, D. Colorado · 1987
- United States v. SCM Corp.District Court, D. Maryland · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Espinosa v. Roswell Tower, Inc.Court of Appeals for the Tenth Circuit · 1994