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Dague v. Burlington, City of

ELR Citation: 20 ELR 21012
Nos. No. 85-269, 733 F. Supp. 23/31 ERC 1346/(D. Vt., 03/15/1990) Motion to dismiss denied

The court holds that when a citizen suit under the Resource Conservation and Recovery Act (RCRA) includes a claim involving hazardous waste, the 60-day notice provision is inapplicable even if other RCRA claims not involving hazardous waste are brought. The broad interpretation in consistent with Congress' two justifications for the 60-day requirement: to allow governmental agencies to take the lead in enforcing environmental regulations and to preserve a nonadversarial time period for the violator to comply with the Act. The Supreme Court's decision in Hallstrom v. Tillamook County, 20 ELR 20193, does require dismissal, since it did not involve the exception to the notice provision for hazardous waste claims. The court holds that because of the nominal value of prior notice in hazardous waste citizen suits, and because the defendants had already been found liable, the court will not dismiss the citizen suit alleging that solid and hazardous waste disposal methods at the landfill might present an imminent and substantial endangerment to health or the environment merely because the the plaintiffs had failed to specifically allege "endangerment" in their notice letter provided.

[An earlier decision in this case can be found at 20 ELR 21001.]

Counsel are listed at 20 ELR 21001.