Atlantic States Legal Found. v. Whiting Roll-Up Door Mfg. Corp.

ELR Citation: ELR 21490
No(s). CIV-90-1109S (W.D.N.Y. Sep 3, 1991)

The court holds that the Emergency Planning and Community Right-to-Know Act (EPCRA) authorizes citizen suits for reporting violations that are not continuing at the time the lawsuit is filed. The plain meaning of EPCRA's reporting, enforcement, and civil penalty provisions compel this conclusion. To...