ELR Citation: ELR 20857
No(s). 83-5230 (E.D. Pa. Feb 28, 1984)

The court holds that a citizen suit under the Resource Conservation and Recovery Act (RCRA) to compel the Environmental Protection Agency Regional Administrator to exercise his imminent hazard enforcement authority with respect to two dump sites in Pennsylvania is barred because RCRA §7003(a) enforcement is a discretionary action. After noting that RCRA citizen suits are limited to non-discretionary actions, the court holds that enforcement is explicitly made discretionary under RCRA §7003(a).

Counsel for Plaintiff (pro se)
Raymond Proffitt
71 Fieldstone Rd., Levittown PA 19056
(215) 949-3936

Counsel for Defendant
James G. Sheeham, Ass't U.S. Attorney
3310 U.S. Cthse., 601 Market St., Philadelphia PA 19106
(215) 597-2556