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Oakville Community Action Group v. Industrial Pipe, Inc.

ELR Citation: 33 ELR 20087
Nos. No. 02-1258, (E.D. La., 10/08/2002)

The court holds that it did not need to abstain from hearing an environmental group's motion seeking declaratory and injunctive relief against a landfill operator that violated its state permit and subjected itself to classification as a municipal solid waste landfill under the Resource Conservation and Recovery Act (RCRA) by accepting wastes other than those allowed for in its permit. The court first holds that the present action does not interfere with any present or future action in which the landfill may be involved with the state environmental agency regarding the landfill's permit. Likewise, the court holds that the environmental group simply asserted that the landfill has subjected itself to RCRA and violated its permit, and a decision by the court will not impinge on the state's regulatory system. The court also holds that dismissal of the environmental group's claim is inappropriate. By asserting that the landfill accepts household trash and other wastes outside those allowed in its permit, the group made a claim upon which relief can be granted.