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Luckie v. Gorsuch

ELR Citation: 13 ELR 20408
Nos. No. CIV-81-573-GLO-RMB, (D. Ariz., 02/25/1983) Dismissed

The court dismisses claims that the governor of Arizona failed to perform duties mandated by the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) regarding an asbestos waste site. The court holds that it has no jurisdiction over state officials under the citizen suit provisions of RCRA. Alternatively, the court holds that contrary to plaintiffs' claim, RCRA imposed no duty on the governor to petition the Environmental Protection Agency to list asbestos as a hazardous waste. The court rules that CERCLA provides no jurisdiction over state officials, nor does it allow citizen suits, nor would it allow the injunctive relief plaintiffs request. The court thus grants the governor's motion to dismiss.

Counsel are listed at 13 ELR 20400.