The Resource Conservation and Recovery Act

1192 Words 5 Pages
The citizen suite in regards to environmental acts, regulations and the Resource Conservation and Recovery Act is an essential tool in regulating impacts on the environment, public health, and the health of the wildlife. If used properly it can be an essential weapon for the public to keep companies, organizations, individuals, and even federal agencies in check. Citizen suits should not be taking lightly though, as it takes a great deal of time, research, and patience in trying to win a citizen suit case.
The Resource Conservation and Recovery Act provision 7002, 42 U.S.C Section 6972 states a civil action may be taken
(B) against any person, including the United States and any other governmental instrumentality or agency, to the extent
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The provision 7002 section 42 U.S.C 6972 (b)(1)(A)(i-iii) states that there can be no action taken prior to the 60 days after the notice of the violation has been given to the administrator, the stated in which the alleged violation occurred, to any alleged violator in regards to such permit, regulation, and standard. (42 U.S. Code 6972 - Citizen Suits) Under the same provision in (a) (1) (b) not action can be taken prior to 90 days. (Strang, C. E.)
In order to make sure that the citizen is not rejected, the plaintiff should provide a detailed notice. The plaintiff should include a “diligent prosecution bar” to make sure the citizen suit is not precluded by the government. “The first step is a comparison of the facts and related violations alleged in a citizen’s complaint with those alleged in the state’s complaint.” (CITIZEN ENFORCEMENT OF ENVIRONMENTAL LAWS) The alleged violation cannot be the same as the states or the EPA’s or the citizen suit could be precluded. This goes back to the notice requirement and the time frame given to both the alleged offender and the state and EPA. The state and EPA during that time decides whether to a take action on the case or not. “The second step, the diligent prosecution analysis, is triggered only with respect to matching facts and violations. “Diligent prosecution” is only a bar to a citizen suit for the precise same claims that have been “prosecuted,” and
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