TITLE

Harmon Industries, Inc. v. Browner

AUTHOR(S)
Coop, Christiana
PUB. DATE
August 2001
SOURCE
Ecology Law Quarterly;2001, Vol. 28 Issue 2, p253
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The Environmental Protection Agency has increasingly used overfiling as a tool to ensure that state agencies enforce environmental laws adequately. In Harmon Industries, Inc. v. Browner, the Eighth Circuit Court of Appeals held overfiling under the Resource Conservation and Recovery Act to be an invalid practice. The court rested its decision on two alternative grounds, both specific to the statutory language of RCRA. While this decision significantly limits EPA's enforcement authority under the RCRA, it should not be extended to invalidate EPA's overfiling ability under the Clean Air Act or the Clean Water Act.
ACCESSION #
4849988

 

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