ELR Citation: ELR 20420
No(s). CA 3:91-CV-2615-R (N.D. Tex. Dec 14, 1998)

The court dismisses without prejudice an environmental justice coalition's Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) citizen suits against the U.S. Environmental Protection Agency (EPA) for lack of subject matter jurisdiction. The coalition challenged an EPA emergency removal action at a housing project in an effort to prohibit EPA's use of a facility near the housing project for interim storage of lead-contaminated soil and debris. The court first holds that the coalition failed to meet the 60-day notice requirement of CERCLA's and RCRA's citizen suit provisions. It is undisputed that the coalition gave notice only three days before filing its complaint. It is irrelevant that EPA will have had notice more than 60 days before the coalition files its amended complaint. The court then denies the government's motion to dismiss the coalition's Administrative Procedure Act, Fifth Amendment, and 42 U.S.C. §1982 claims.

[Counsel not available at this printing.]