ELR Citation: ELR 20095
No(s). CIV 93-0076 PHX EHC (D. Ariz. Jul 12, 1993)

The court rules that Congress waived the sovereign immunity of Indian tribes to citizen suits under the Resource Conservation and Recovery Act (RCRA) and the Federal Water Pollution Control Act (FWPCA). Environmental organizations brought suit against an Indian tribe as the owner of a landfill. FWPCA §502(5) defines "person" to include municipalities, and §502(4) defines "municipality" to include Indian tribes. The relevant provisions of RCRA are similar. The court next holds that because the tribe failed to obtain the requisite permit under FWPCA §404, it violated §301. Plaintiffs have standing to enforce the violation through §301 and the citizen suit provision, §505. The court allows the tribe to file a second reply memorandum in support of its motion to dismiss, because it merely listed additional authority in support of its claims and did not change the premise of the entire argument or otherwise prejudice plaintiffs.

Counsel for Plaintiffs
Matthew D. Karnas
Siegel & Bellovin
2430 E. 6th St., Tucson AZ 85719
(602) 795-9700

Counsel for Defendants
Richard B. Wilks, Melvin J. Mirkin
Shea & Wilks
200 First Interstate Bldg.
114 W. Adams St., Phoenix AZ 85003
(602) 257-1126