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HALLSTROM v. TILLAMOOK COUNTY

No. 88-42.

493 U.S. 20 (1989)

110 S.Ct. 304

107 L.Ed.2d 237

HALLSTROM ET UX. v. TILLAMOOK COUNTY

Supreme Court of United States.

Decided November 7, 1989

Attorney(s) appearing for the Case

Kim Buckley argued the cause for petitioners. With him on the briefs was Michael J. Esler.

I. Franklin Hunsaker argued the cause for respondent. With him on the brief was James G. Driscoll.

Brain J. Martin argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Acting Assistant Attorney General Carr, Deputy Solicitor General Wallace, Anne S. Almy, and John T. Stahr.*

JUSTICE O'CONNOR delivered the opinion of the Court.

The citizen suit provision of the Resource Conservation and Recovery Act of 1976 (RCRA), 90 Stat. 2825, as amended, 42 U. S. C. § 6972 (1982 ed. and Supp. V), permits individuals to commence an action in district court to enforce waste disposal regulations promulgated under the Act. At least 60 days before commencing suit, plaintiffs must notify the alleged violator, the State, and the Environmental Protection...

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