hallstrom
tillamook
county
argued
october
decided
november
subsection
citizen
suit
provision
resource
conservation
recovery
act
rcra
permits
person
commence
civil
action
alleged
violator
waste
disposal
regulations
promulgated
act
except
provided
subsection
subsection
entitled
ctions
prohibited
provides
suit
may
commenced
prior
days
plaintiff
given
notice
violation
environmental
protection
agency
epa
federal
body
charged
enforcing
rcra
state
alleged
violation
occurred
alleged
violator
believing
respondent
sanitary
landfill
violated
rcra
standards
petitioners
owners
farm
next
landfill
sent
respondent
written
notice
intent
sue
one
year
later
commenced
action
respondent
moved
summary
judgment
ground
district
lacked
jurisdiction
petitioners
failed
notify
state
oregon
epa
required
petitioners
notified
state
federal
agencies
suit
district
denied
respondent
motion
ground
petitioners
satisfied
rcra
notice
requirement
notifying
agencies
trial
held
respondent
violated
rcra
appeals
remanded
action
instructions
dismiss
concluding
petitioners
failure
comply
notice
requirement
deprived
district
subject
matter
jurisdiction
held
party
suing
rcra
citizen
suit
provision
fails
meet
notice
delay
requirements
action
must
dismissed
barred
terms
statute
pp
plain
language
statute
establishes
compliance
notice
provision
mandatory
optional
condition
precedent
suit
may
disregarded
discretion
actions
commenced
prior
days
notice
prohibited
language
expressly
incorporated
reference
acts
specific
limitation
citizen
right
bring
suit
pp
none
petitioners
arguments
giving
statute
flexible
pragmatic
construction
require
disregard
statute
plain
language
argument
notice
requirement
deemed
satisfied
suit
commenced
without
proper
notice
stayed
days
notice
given
rejected
whether
stay
fact
functional
equivalent
precommencement
delay
staying
judicial
action
suit
filed
honor
prohibition
filing
complaint
notice
requirement
fulfilled
although
congress
excepted
parties
complying
delay
requirement
elsewhere
rcra
petitioners
situation
may
create
exception
congress
declined
contention
notice
provision
subject
equitable
modification
cure
also
unavailing
equities
weigh
favor
modifying
statutory
requirements
procedural
default
caused
petitioners
failure
take
minimal
steps
necessary
preserve
claims
petitioners
failure
excused
ground
unfair
hold
laypersons
strict
compliance
statute
since
suit
like
rcra
citizen
suits
generally
filed
trained
lawyer
zipes
trans
world
airlines
distinguished
petitioners
reliance
legislative
history
citizen
suit
provisions
also
misplaced
since
nothing
history
militates
honoring
plain
language
notice
requirement
fact
requiring
citizens
comply
notice
delay
requirements
furthers
congress
goal
striking
balance
encouraging
citizen
suits
avoiding
burdening
federal
courts
excessive
numbers
suits
since
notice
allows
government
agencies
alleged
violators
achieve
compliance
without
need
suit
petitioners
assertion
giving
effect
literal
meaning
notice
provisions
allow
violations
go
unchecked
waiting
period
persuasive
since
problem
results
balance
knowingly
struck
congress
developing
citizen
suit
provisions
since
likely
compliance
notice
requirement
trigger
appropriate
federal
state
enforcement
actions
prevent
serious
damage
moreover
irrational
require
citizen
wait
days
commence
suit
agencies
alleged
violators
specifically
declined
act
response
notice
citizen
since
violator
agency
may
change
mind
threat
suit
becomes
imminent
pp
light
literal
interpretation
statutory
requirement
question
whether
jurisdictional
strict
sense
term
merely
procedural
need
determined
requiring
dismissal
noncompliance
notice
provision
supported
epa
judicial
efficiency
relieving
courts
need
make
determinations
whether
failure
comply
fatal
pp
although
merit
petitioners
contention
requiring
dismissal
action
wastes
judicial
resources
factors
led
apply
decisions
nonretroactively
present
decision
establish
new
rule
law
overrule
clear
past
precedent
litigants
may
relied
statute
put
petitioners
notice
requirements
bringing
suit
retroactive
operation
decision
congress
purpose
giving
agencies
alleged
violators
nonadversarial
period
achieve
compliance
rcra
regulations
moreover
dismissal
deprive
petitioners
right
day
since
remain
free
give
statutorily
required
notice
file
suit
pp
delivered
opinion
rehnquist
white
blackmun
stevens
scalia
kennedy
joined
marshall
filed
dissenting
opinion
brennan
joined
post
kim
buckley
argued
cause
petitioners
briefs
michael
esler
franklin
hunsaker
argued
cause
respondent
brief
james
driscoll
brain
martin
argued
cause
amicus
curiae
urging
affirmance
brief
solicitor
general
starr
acting
assistant
attorney
general
carr
deputy
solicitor
general
wallace
anne
almy
john
stahr
michael
traynor
filed
brief
sierra
club
et
al
amici
curiae
urging
reversal
justice
delivered
opinion
citizen
suit
provision
resource
conservation
recovery
act
rcra
stat
amended
ed
supp
permits
individuals
commence
action
district
enforce
waste
disposal
regulations
promulgated
act
least
days
commencing
suit
plaintiffs
must
notify
alleged
violator
state
environmental
protection
agency
epa
intent
sue
notice
provision
modeled
upon
clean
air
amendments
stat
amended
since
number
federal
statutes
incorporated
notice
provisions
patterned
case
must
decide
whether
compliance
notice
provision
mandatory
precondition
suit
disregarded
district
discretion
petitioners
commercial
dairy
farm
located
next
respondent
sanitary
landfill
april
believing
landfill
operation
violated
standards
established
rcra
petitioners
sent
respondent
written
notice
intention
file
suit
year
later
petitioners
commenced
action
march
respondent
moved
summary
judgment
ground
petitioners
failed
notify
oregon
department
environmental
quality
deq
epa
intent
sue
required
respondent
claimed
failure
comply
notice
requirement
deprived
district
jurisdiction
march
petitioners
notified
agencies
suit
district
denied
respondent
motion
reasoned
petitioners
cured
defect
notice
formally
notifying
state
federal
agencies
march
agencies
days
take
appropriate
steps
cure
violation
respondent
landfill
noted
purpose
notice
requirement
give
administrative
agencies
opportunity
enforce
environmental
regulations
case
neither
state
federal
agency
expressed
interest
taking
action
respondent
therefore
concluded
dismissing
action
stage
waste
judicial
resources
civ
apr
action
proceeded
trial
district
held
respondent
violated
rcra
ordered
respondent
remedy
violation
refused
grant
petitioners
motion
injunctive
relief
civ
later
order
district
denied
petitioners
request
attorney
fees
petitioners
appealed
rulings
respondent
denial
summary
judgment
motion
appeals
ninth
circuit
concluded
petitioners
failure
comply
notice
requirement
deprived
district
subject
matter
jurisdiction
relying
plain
language
appeals
determined
permitting
plaintiff
proceed
without
giving
notice
constitute
judicial
amendment
clear
statutory
command
quoting
garcia
cecos
citation
omitted
appeals
also
determined
strict
construction
notice
requirement
best
goal
giving
environmental
agencies
rather
courts
primary
responsibility
enforcing
rcra
therefore
appeals
remanded
action
district
instructions
dismiss
granted
certiorari
resolve
conflict
among
courts
appeals
regarding
correct
interpretation
notice
provision
ii
repeatedly
noted
starting
point
interpreting
statute
language
statute
consumer
product
safety
gte
sylvania
section
permits
person
commence
civil
action
alleged
violator
regulations
established
rcra
except
provided
subsection
subsection
actions
prohibited
action
may
commenced
paragraph
section
prior
sixty
days
plaintiff
given
notice
violation
administrator
epa
state
alleged
violation
occurs
alleged
violator
permit
standard
regulation
condition
requirement
order
petitioners
contend
language
provision
ambiguous
rather
assert
given
flexible
pragmatic
construction
thus
petitioners
argue
suit
commenced
without
proper
notice
stayed
days
notice
given
district
deem
notice
requirement
satisfied
see
pymatuning
water
shed
citizens
hygienic
environment
eaton
according
petitioners
stay
serve
function
delaying
commencement
suit
give
government
opportunity
take
action
alleged
violator
give
violator
opportunity
bring
compliance
whether
stay
fact
functional
equivalent
precommencement
delay
interpretation
flatly
contradicts
language
statute
rule
federal
rules
civil
procedure
civil
action
commenced
filing
complaint
reading
light
rule
plaintiff
may
file
suit
fulfilling
notice
requirement
staying
judicial
action
suit
filed
honor
prohibition
congress
excepted
parties
complying
notice
delay
requirement
indeed
carved
exception
amendments
rcra
see
supp
abrogating
delay
requirement
danger
hazardous
waste
discharged
rcra
however
contains
exception
applicable
petitioners
situation
liberty
create
exception
congress
declined
petitioners
argue
decision
zipes
trans
world
airlines
rcra
notice
provision
subject
equitable
modification
cure
zipes
held
timely
filing
charge
discrimination
equal
employment
opportunity
commission
required
title
vii
civil
rights
act
stat
amended
ed
charge
section
shall
filed
within
one
hundred
eighty
days
alleged
unlawful
employment
practice
occurred
jurisdictional
prerequisite
suit
subject
waiver
estoppel
equitable
tolling
decision
help
petitioners
first
noted
zipes
language
legislative
history
indicate
filing
period
operated
statute
limitations
running
statutes
traditionally
subject
equitable
tolling
see
honda
clark
holding
consistent
overall
congressional
purpose
traditional
equitable
tolling
principle
applied
statutory
limitations
period
unlike
statute
limitations
rcra
notice
provision
triggered
violation
giving
rise
action
rather
petitioners
full
control
timing
suit
need
give
notice
appropriate
parties
refrain
commencing
action
least
days
equities
weigh
favor
modifying
statutory
requirements
procedural
default
caused
petitioners
failure
take
minimal
steps
necessary
preserve
claims
johnson
railway
express
agency
excuse
petitioners
failure
ground
technical
reading
particularly
inappropriate
statutory
scheme
laymen
unassisted
trained
lawyers
initiate
process
zipes
trans
world
airlines
supra
quoting
love
pullman
initial
charge
title
vii
proceeding
normally
filed
aggrieved
individual
see
citizen
suits
rcra
like
lawsuit
generally
filed
trained
lawyers
presumed
aware
statutory
requirements
indeed
counsel
petitioners
case
admitted
oral
argument
knew
notice
provisions
inadvertently
neglected
notify
state
federal
agencies
tr
oral
arg
circumstances
unfair
require
strict
compliance
statutory
conditions
precedent
suit
petitioners
next
contend
literal
interpretation
notice
provision
defeat
congress
intent
enacting
rcra
support
argument
cite
passages
legislative
history
first
citizen
suit
statute
clean
air
amendments
indicating
citizen
suits
encouraged
see
pp
senate
committee
public
works
legislative
history
clean
air
amendments
pp
comm
print
reliance
legislative
history
misplaced
held
bsent
clearly
expressed
legislative
intention
contrary
words
statute
conclusive
consumer
product
safety
gte
sylvania
nothing
legislative
history
citizen
suit
provision
militates
honoring
plain
language
notice
requirement
one
rare
cases
literal
application
statute
produce
result
demonstrably
odds
intentions
drafters
ron
pair
enterprises
quoting
griffin
oceanic
contractors
rather
legislative
history
indicates
intent
strike
balance
encouraging
citizen
enforcement
environmental
regulations
avoiding
burdening
federal
courts
excessive
numbers
citizen
suits
see
cong
rec
comments
muskie
see
also
note
notice
citizen
plaintiffs
environmental
litigation
rev
reviewing
legislative
history
clean
air
amendments
requiring
citizens
comply
notice
delay
requirements
serves
congressional
goal
two
ways
first
notice
allows
government
agencies
take
responsibility
enforcing
environmental
regulations
thus
obviating
need
citizen
suits
see
gwaltney
smithfield
chesapeake
bay
foundation
bar
citizen
suits
governmental
enforcement
action
way
suggests
citizen
suit
meant
supplement
rather
supplant
governmental
action
many
cases
agency
may
able
compel
compliance
administrative
action
thus
eliminating
need
access
courts
see
cong
rec
comments
hart
second
notice
gives
alleged
violator
opportunity
bring
complete
compliance
act
thus
likewise
render
unnecessary
citizen
suit
gwaltney
supra
policy
frustrated
citizens
immediately
bring
suit
without
involving
federal
state
enforcement
agencies
giving
full
effect
words
statute
preserves
compromise
struck
congress
petitioners
next
assert
giving
effect
literal
meaning
notice
provisions
compel
absurd
futile
results
american
trucking
essence
petitioners
make
two
arguments
first
petitioners
amici
contend
strictly
enforcing
delay
provision
give
violators
opportunity
cause
damage
actually
accomplish
objective
citizen
attempting
stop
see
save
sound
fisheries
assn
callaway
supp
ri
army
corps
engineers
violated
three
environmental
statutes
order
award
dredging
contract
citizen
suit
enjoin
dredging
commence
similarly
assert
courts
precluded
giving
essential
temporary
injunctive
relief
days
elapsed
although
underestimate
potential
damage
environment
ensue
waiting
period
problem
arises
result
balance
struck
congress
developing
citizen
suit
provisions
congress
addressed
dangers
delay
certain
circumstances
made
exceptions
required
notice
periods
accordingly
see
clean
water
act
added
stat
ed
citizen
suits
may
brought
immediately
cases
involving
violations
toxic
pollutant
effluent
limitations
clean
air
amendments
stat
ed
citizen
suits
may
brought
immediately
cases
involving
emissions
standards
specified
compliance
orders
moreover
likely
compliance
notice
requirement
trigger
appropriate
federal
state
enforcement
actions
prevent
serious
damage
second
petitioners
argue
strict
construction
notice
provision
cause
procedural
anomalies
example
petitioners
contend
citizen
notified
government
agencies
violation
agencies
explicitly
declined
act
pointless
require
citizen
wait
days
commence
suit
result
may
frustrating
plaintiff
irrational
appeals
first
circuit
noted
ermitting
immediate
suit
ignores
possibility
violator
agency
may
change
mind
threat
suit
becomes
imminent
garcia
cecos
sum
conclude
none
petitioners
arguments
requires
us
disregard
plain
language
long
run
experience
teaches
strict
adherence
procedural
requirements
specified
legislature
best
guarantee
evenhanded
administration
law
mohasco
silver
therefore
hold
notice
delay
requirements
mandatory
conditions
precedent
commencing
suit
rcra
citizen
suit
provision
district
may
disregard
requirements
discretion
parties
framed
question
presented
case
whether
notice
provision
jurisdictional
procedural
light
literal
interpretation
statutory
requirement
need
determine
whether
jurisdictional
strict
sense
term
see
fair
assessment
real
estate
mcnary
brennan
concurring
judgment
requirement
exhaustion
state
administrative
remedies
certainly
mandatory
precondition
suit
sense
jurisdictional
prerequisite
general
rule
action
barred
terms
statute
must
dismissed
thus
baldwin
county
welcome
center
brown
approved
district
determination
claimant
failed
file
complaint
within
statutory
time
period
mandated
title
vii
ed
forfeited
right
pursue
claim
accordingly
rejected
appeals
eleventh
circuit
conclusion
generous
interpretation
required
remedial
nature
title
vii
claimant
filing
letter
tolled
period
cf
oscar
mayer
evans
requiring
dismissal
refiling
serve
purpose
creation
additional
procedural
technicality
district
may
comply
age
discrimination
employment
act
stat
ed
holding
action
abeyance
pendency
mandatory
waiting
period
citation
omitted
noted
dismissal
rcra
suit
serves
important
federal
goals
see
supra
indeed
epa
federal
agency
charged
enforcement
rcra
interprets
notice
provision
requiring
dismissal
noncompliance
tr
oral
arg
remedy
actions
filed
violation
judicial
efficiency
courts
need
make
determinations
whether
failure
fulfill
notice
requirement
fatal
party
suit
petitioners
urge
us
require
dismissal
action
years
litigation
determination
merits
contend
dismissal
unnecessarily
waste
judicial
resources
sympathetic
argument
complex
environmental
legal
issues
involved
litigation
consumed
time
energy
district
parties
nearly
four
years
nevertheless
factors
led
us
apply
decisions
nonretroactively
present
case
see
chevron
oil
huson
decision
establish
new
rule
law
overrule
clear
past
precedent
litigants
may
relied
moreover
statute
put
petitioners
notice
requirements
bringing
suit
retroactive
operation
decision
congressional
purpose
giving
agencies
alleged
violators
nonadversarial
period
achieve
compliance
rcra
regulations
dismissal
action
inequitable
result
depriving
petitioners
right
day
petitioners
remain
free
give
notice
file
suit
compliance
statute
enforce
pertinent
environmental
standards
accordingly
hold
party
suing
citizen
suit
provisions
rcra
fails
meet
notice
delay
requirements
district
must
dismiss
action
barred
terms
statute
judgment
appeals
affirmed
ordered
footnotes
courts
appeals
first
seventh
circuits
well
appeals
ninth
circuit
case
construed
notice
provision
mandatory
prerequisite
suit
see
garcia
cecos
construing
notice
provision
rcra
highland
park
train
cert
denied
construing
notice
provision
clean
air
amendments
appeals
third
circuit
reached
different
conclusion
holding
notice
requirement
satisfied
proper
parties
notice
fact
alleged
violations
days
suit
filed
see
proffitt
bristol
commissioners
construing
notice
provisions
clean
water
act
rcra
district
stayed
proceedings
days
see
pymatuning
water
shed
citizens
hygienic
environment
eaton
construing
notice
provision
clean
water
act
justice
marshall
justice
brennan
joins
dissenting
purporting
rely
plain
language
ed
ante
holds
plaintiff
failure
comply
prior
notice
provision
resource
conservation
recovery
act
et
seq
ed
supp
necessarily
fatal
case
yet
even
preferred
literal
reading
statute
ante
sanction
violation
notice
provision
anything
clear
requiring
district
courts
dismiss
every
action
filed
violation
ill
serves
judicial
economy
congress
purposes
adopting
rcra
dissent
relevant
portion
notice
provision
reads
action
may
commenced
paragraph
section
prior
sixty
days
plaintiff
given
notice
violation
administrator
environmental
protection
agency
epa
state
alleged
violation
occurs
alleged
violator
doubt
statute
requires
notice
plaintiff
file
complaint
open
debate
petitioners
failed
notify
state
epa
alleged
violation
days
filed
complaint
district
thereby
commenced
action
ante
within
meaning
federal
rule
civil
procedure
inescapable
facts
without
analysis
concludes
sanction
violating
dismissal
fails
recognize
however
necessary
connection
violation
statute
particular
sanction
noncompliance
plaintiff
failure
comply
statutory
conditions
precedent
bringing
suit
necessarily
mandate
dismissal
action
apparent
decision
oscar
mayer
evans
oscar
mayer
asked
interpret
age
discrimination
employment
act
stat
set
forth
ed
provides
part
suit
may
brought
section
title
expiration
sixty
days
proceedings
commenced
state
law
found
section
intended
give
state
agencies
limited
opportunity
resolve
problems
employment
discrimination
thereby
make
unnecessary
resort
federal
relief
victims
discrimination
held
notice
requirement
mandatory
optional
precondition
suit
compare
ante
holding
rcra
notice
provision
mandatory
optional
condition
precedent
suit
nevertheless
held
rather
dismissing
suit
hold
abeyance
days
commencement
state
proceedings
time
grievant
continue
federal
suit
explained
suspension
proceedings
preferable
dismissal
leave
refile
require
second
filing
aggrieved
party
termination
state
proceedings
serve
purpose
creation
additional
procedural
technicality
technicalities
particularly
inappropriate
statutory
scheme
laymen
unassisted
trained
lawyers
initiate
process
love
pullman
charge
may
held
suspended
animation
deferral
period
reason
suspension
pending
deferral
preferred
practice
federal
courts
citations
omitted
analysis
case
makes
clear
purposes
notice
requirement
served
equally
well
order
staying
proceedings
days
dismissal
broader
purposes
citizen
suit
provision
better
served
former
identifies
two
purposes
congress
intended
notice
requirement
serve
first
notice
allows
government
agencies
take
responsibility
enforcing
environmental
regulations
thus
obviating
need
citizen
suits
second
notice
gives
alleged
violator
opportunity
bring
complete
compliance
act
thus
likewise
render
unnecessary
citizen
suit
ante
quoting
gwaltney
smithfield
chesapeake
bay
foundation
necessary
meet
concerns
delay
whether
comes
immediately
immediately
filing
complaint
immaterial
indeed
even
deny
stay
dismissal
accomplish
goals
see
ante
expressing
view
hether
stay
fact
functional
equivalent
precommencement
delay
furthermore
one
congress
purposes
enacting
citizen
suit
provision
notice
requirement
part
encourage
citizen
suits
see
pp
legislative
history
identical
provision
clean
air
amendments
compare
ante
congress
intends
facilitate
citizen
suits
salutary
purposes
notice
provision
equally
well
served
stay
dismissal
regime
requires
dismissal
citizen
suit
consumed
time
energy
district
parties
nearly
four
years
ante
resulted
judicial
determination
respondent
violated
rcra
ante
simply
inconsistent
congress
perhaps
recognizing
repeated
invocations
statute
plain
language
nothing
advance
analysis
also
offers
support
proposition
general
rule
action
barred
terms
statute
must
dismissed
ante
citation
baldwin
county
welcome
center
brown
absence
opinion
quotation
baldwin
county
welcome
center
support
proposition
cited
accident
case
stand
proposition
case
issue
appeals
whether
filing
letter
district
constituted
commencement
action
within
meaning
federal
rule
civil
procedure
finding
persuasive
justification
view
constitutes
complaint
rule
different
title
vii
cases
federal
litigation
reinstated
district
finding
letter
complaint
nowhere
much
hint
recognizing
establishing
general
rule
action
barred
terms
statute
must
dismissed
even
statutory
goals
animating
rule
otherwise
served
reasoning
reduces
unexplained
assertion
followed
citation
illusory
authority
conclusion
compelled
language
notice
provision
congress
twin
purposes
fostering
private
enforcement
rcra
conserving
judicial
resources
better
served
rule
permitting
district
courts
stay
actions
days
rather
requiring
dismissal
dissent
might
read
suggest
failure
comply
notice
provision
deprives
jurisdiction
thereby
obligating
dismiss
case
filed
violation
notice
provision
matter
defendant
raises
issue
indeed
regardless
whether
defendant
see
ante
plaintiff
fails
comply
notice
provision
district
must
dismiss
action
dispute
case
respondent
timely
raised
claim
petitioners
complied
notice
provision
question
whether
defendant
may
waive
notice
requirement
resolution
question
necessarily
dictum
event
understand
express
view
whether
notice
requirement
waivable
see
ante
need
determine
whether
jurisdictional
strict
sense
term