ELR Citation: ELR 20209
No(s). 84-1346 (3d Cir. Feb 11, 1985)

The court holds that neither appellant's failure to allege that he gave notice to the requisite parties under the citizen suit provisions of the Federal Water Pollution Control Act and the Resource Conservation and Recovery Act nor the fact that the Environmental Protection Agency (EPA) had issued a compliance order warrant dismissal for lack of subject matter jurisdiction. After noting that citizen suit notice requirements should be applied flexibly, the court holds that appellant's showing of notice-in-fact was sufficient. In addition, EPA's compliance order does not constitute a "court action" under the citizen suit provisions and thus is not a jurisdictional bar.

[The opinion below appears at 14 ELR 20700.]

Counsel for Appellant
Randall J. Brubaker
1521 Walnut St., Philadelphia PA 19102
(215) 567-1767

Counsel for Appellees
Richard M. Synder
Begley, Carlin & Mandio
120 Mill St., Bristol PA 19007
(215) 788-0471

Clyde W. Waite, Solicitor, Twp. of Bristol
Stief, Waite, Gross, Sagoskin & Kellis
410 Mill St., Bristol PA 19007
(215) 788-0428

Before Higginbotham and Debevoise,^* JJ.