ELR Citation: ELR 20090
No(s). 06-1357 (W.D. Okla. Mar 28, 2008)

A district court dismissed a Resource Conservation and Recovery Act (RCRA) claim filed against the U.S. Environmental Protection Agency (EPA) for failing to perform certain nondiscretionary duties with respect to a landfill located on the plaintiff's property. Specifically, the plaintiff sought to have EPA fulfill its alleged nondiscretionary duty to review Oklahoma’s Solid Waste Management Plan and to act accordingly. Congress, however, gave EPA the discretion to decide when such a review is necessary. Because the claims are not based on EPA's failure to perform duties that are mandatory under RCRA, they were dismissed for lack of jurisdiction.