U.S. Code » Title 42 » Chapter CHAPTER 82— SOLID WASTE DISPOSAL › Subchapter SUBCHAPTER VII— MISCELLANEOUS PROVISIONS

42 U.S.C. § 6972

Citizen suits

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(a) In generalExcept as provided in subsection (b) or (c) of this section, any person may commence a civil action on his own behalf—(1)(A) against any person (including (a) the United States, and (b) any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter; or(B) against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.Any action under paragraph (a)(1) of this subsection shall be brought in the district court for the district in which the alleged violation occurred or the alleged endangerment may occur. Any action brought under paragraph (a)(2) of this subsection may be brought in the district court for the district in which the alleged violation occurred or in the District Court of the District of Columbia. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the permit, standard, regulation, condition, requirement, prohibition, or order, referred to in paragraph (1)(A), to restrain any person who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in paragraph (1)(B), to order such person to take such other action as may be necessary, or both, or to order the Administrator to perform the act or duty referred to in paragraph (2), as the case may be, and to apply any appropriate civil penalties under section 6928(a) and (g) of this title.(b) Actions prohibited(1) No action may be commenced under subsection (a)(1)(A) of this section—(A) prior to 60 days after the plaintiff has given notice of the violation to—(i) the Administrator;(ii) the State in which the alleged violation occurs; and(iii) to any alleged violator of such permit, standard, regulation, condition, requirement, prohibition, or order,except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of subchapter III of this chapter; or(B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or a State to require compliance with such permit, standard, regulation, condition, requirement, prohibition, or order.In any action under subsection (a)(1)(A) in a court of the United States, any person may intervene as a matter of right.(2)(A) No action may be commenced under subsection (a)(1)(B) of this section prior to ninety days after the plaintiff has given notice of the endangerment to—(i) the Administrator;(ii) the State in which the alleged endangerment may occur;(iii) any person alleged to have contributed or to be contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in subsection (a)(1)(B),except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of subchapter III of this chapter.(B) No action may be commenced under subsection (a)(1)(B) of this section if the Administrator, in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment—(i) has commenced and is diligently prosecuting an action under section 6973 of this title or under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. 9606],11 So in original. The comma probably should be a semicolon.(ii) is actually engaging in a removal action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. 9604];(iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. 9604] and is diligently proceeding with a remedial action under that Act [42 U.S.C. 9601 et seq.]; or(iv) has obtained a court order (including a consent decree) or issued an administrative order under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 980 22 So in original. Probably should be “1980”. [42 U.S.C. 9606] or section 6973 of this title pursuant to which a responsible party is diligently conducting a removal action, Remedial Investigation and Feasibility Study (RIFS), or proceeding with a remedial action.In the case of an administrative order referred to in clause (iv), actions under subsection (a)(1)(B) are prohibited only as to the scope and duration of the administrative order referred to in clause (iv).(C) No action may be commenced under subsection (a)(1)(B) of this section if the State, in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment—(i) has commenced and is diligently prosecuting an action under subsection (a)(1)(B);(ii) is actually engaging in a removal action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. 9604]; or(iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [42 U.S.C. 9604] and is diligently proceeding with a remedial action under that Act [42 U.S.C. 9601 et seq.].(D) No action may be commenced under subsection (a)(1)(B) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or a disposal facility, nor to restrain or enjoin the issuance of a permit for such facility.(E) In any action under subsection (a)(1)(B) in a court of the United States, any person may intervene as a matter of right when the applicant claims an interest relating to the subject of the action and he is so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest, unless the Administrator or the State shows that the applicant’s interest is adequately represented by existing parties.(F) Whenever any action is brought under subsection (a)(1)(B) in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General of the United States and with the Administrator.(c) Notice

No action may be commenced under paragraph (a)(2) of this section prior to sixty days after the plaintiff has given notice to the Administrator that he will commence such action, except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of subchapter III. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation. Any action respecting a violation under this chapter may be brought under this section only in the judicial district in which such alleged violation occurs.

(d) Intervention

In any action under this section the Administrator, if not a party, may intervene as a matter of right.

(e) Costs

The court, in issuing any final order in any action brought pursuant to this section or section 6976 of this title, may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or substantially prevailing party, whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.

(f) Other rights preserved

Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or requirement relating to the management of solid waste or hazardous waste, or to seek any other relief (including relief against the Administrator or a State agency).

(g) Transporters

A transporter shall not be deemed to have contributed or to be contributing to the handling, storage, treatment, or disposal, referred to in subsection (a)(1)(B) taking place after such solid waste or hazardous waste has left the possession or control of such transporter, if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste.

(Pub. L. 89–272, title II, § 7002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2825; amended Pub. L. 95–609, § 7(p), Nov. 8, 1978, 92 Stat. 3083; Pub. L. 98–616, title IV, § 401, Nov. 8, 1984, 98 Stat. 3268.)Editorial NotesReferences in Text

That Act, referred to in subsec. (b)(2)(B)(iii), (C)(iii), means Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to chapter 103 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (e), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

1984—Subsec. (a). Pub. L. 98–616, § 401(a), (b), designated existing provisions of subsec. (a)(1) as subpar. (A) thereof, inserted “prohibition,” after “requirement,”, added subpar. (B), and in provisions following par. (2) inserted “or the alleged endangerment may occur” in first sentence and substituted “to enforce the permit, standard, regulation, condition, requirement, prohibition, or order, referred to in paragraph (1)(A), to restrain any person who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in paragraph (1)(B), to order such person to take such other action as may be necessary, or both, or to order the Administrator to perform the act or duty referred to in paragraph (2), as the case may be, and to apply any appropriate civil penalties under section 6928(a) and (g) of this title” for “to enforce such regulation or order, or to order the Administrator to perform such act or duty as the case may be”.

Subsec. (b). Pub. L. 98–616, § 401(d), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “No action may be commenced under paragraph (a)(1) of this section—

“(1) prior to sixty days after the plaintiff has given notice of the violation (A) to the Administrator; (B) to the State in which the alleged violation occurs; and (C) to any alleged violator of such permit, standard, regulation, condition, requirement, or order; or

“(2) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or a State to require compliance with such permit, standard, regulation, condition, requirement, or order: Provided, however, That in any such action in a court of the United States, any person may intervene as a matter of right.”

Subsec. (e). Pub. L. 98–616, § 401(e), substituted “to the prevailing or substantially prevailing party” for “to any party” and inserted “or section 6976 of this title”.

Subsec. (g). Pub. L. 98–616, § 401(c), added subsec. (g).

1978—Subsec. (c). Pub. L. 95–609, § 7(p)(1), substituted “subchapter III” for “section 212 of this Act.”

Subsec. (e). Pub. L. 95–609, § 7(p)(2), substituted “require” for “requiring”.

Executive DocumentsTransfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

Notes of Decisions
Cited in 860 cases (118 in the last 5 years), 1979–2026 · leading case: Adkins v. VIM Recycling, Inc., 644 F.3d 483 (7th Cir. 2011).
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Adkins v. VIM Recycling, Inc., 644 F.3d 483 (7th Cir. 2011). · cites it 38× “The RCRA citizen-suit provision, 42 U.S.C. § 6972 , lies at the center of this appeal.”
Chesapeake Bay Found., Inc. v. Severstal Sparrows Point, LLC, 794 F. Supp. 2d 602 (D. Maryland 2011). · cites it 17× “§ 1365 (b) (requiring that sixty days prior to the initiation of a civil action against any alleged violator, a citizen give notice of its intent to sue to the EPA Administrator, the State in which the violations are alleged to have occurred, and the alleged violator); RCRA’s…”
Cordiano v. Metacon Gun Club, Inc., 575 F.3d 199 (2d Cir. 2009). · cites it 19× “§ 6945 and 42 U.S.C. § 6972 (a)(1)(B). Finally, the district court granted Defendants-Appellees summary judgment on the claim that Defendants-Appellees are discharging pollutants into navigable waters without a permit in violation of the CWA, 33 U.”
Francisco Sanchez v. Esso Stand. Oil Co., 572 F.3d 1 (1st Cir. 2009). · cites it 14× “42 U.S.C. § 6972 enumerates the requirements for a citizen suit under RCRA.”
Ecological Rights Found. v. Pac. Gas & Elec. Co., 713 F.3d 502 (9th Cir. 2013). · cites it 16× “§ 1365 (a)(1), and 42 U.S.C. § 6972 (a)(1)(B), dismissed ERF’s action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), without leave to amend.”
Litgo New Jersey Inc. v. Comm'r New Jersey Dep't of Env't Prot., 725 F.3d 369 (3rd Cir. 2013). · cites it 28× “The Litgo Appellants also sought injunctive relief under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6972 , which permits citizen suits against any person who has contributed or is contributing to the disposal of waste in a way that might present an “imminent…”
City of Burlington v. Dague, 505 U.S. 557 (1992). · cites it 10× “2826 , as amended, 42 U. S. C. § 6972 (e), or § 505(d) of the Federal Water Pollution Control Act (Clean Water Act (CWA)), 86 Stat.”
Attorney Gen. of Oklahoma v. Tyson Foods, Inc., 565 F.3d 769 (10th Cir. 2009). · cites it 12× “Pursuant to that complaint, on November 14, 2007, Oklahoma filed its motion for a preliminary injunction under the Resource Conservation and Recovery Act (RCRA) of 1976, 42 U.S.C. § 6972 (a)(1)(B), seeking to enjoin Tyson Foods from "(1) applying poultry waste to any land within…”
Cox v. City of Dallas, 256 F.3d 281 (5th Cir. 2001). · cites it 13× “Procedural History of Current Litigation In February 1997, Plaintiffs, homeowners in residential areas adjoining these dumps, brought a citizens suit in federal court against the owners of the Deepwood *288 dump, 10 the City, and Saitas for injunctive relief under the RCRA, 42…”
Brod v. Omya, Inc., 653 F.3d 156 (2d Cir. 2011). · cites it 7× “See 42 U.S.C. § 6972 (b) (2006). RCO claimed that Omya violated RCRA’s prohibition on unlawful open dumping of solid waste, in violation of 42 U.”
Aiello v. Town of Brookhaven, 136 F. Supp. 2d 81 (E.D.N.Y 2001). · cites it 18× “” See 42 U.S.C. §§ 6972 (a)(1)(B), 6973(a). RCRA was enacted in 1976 but had its antecedents in the Solid Waste Disposal Act of 1965.”
Hallstrom v. Tillamook Cnty., 493 U.S. 20 (1990). · cites it 10× “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.”
Show all 860 citing cases →
— 42 U.S.C. § 6972(a) — 3 cases
Nashua Corp. v. Norton Co., 116 F. Supp. 2d 330 (N.D.N.Y. 2000).
Maine People's All. v. Holtrachem Mfg. Co., 211 F. Supp. 2d 237 (D. Me. 2002).
United States Dep't of Energy v. Ohio, 503 U.S. 607 (1992).
— 42 U.S.C. § 6972(a)(1)(A) — 2 cases
Kara Holding Corp. v. Getty Petroleum Mktg., Inc., 67 F. Supp. 2d 302 (S.D.N.Y. 1999).
N. California River Watch v. Honeywell Aerospace, 830 F. Supp. 2d 760 (N.D. Cal. 2011).
— 42 U.S.C. § 6972(a)(1)(B) — 4 cases
N. California River Watch v. Honeywell Aerospace, 830 F. Supp. 2d 760 (N.D. Cal. 2011).
T & B LTD. INC. v. City of Chicago, 369 F. Supp. 2d 989 (N.D. Ill. 2005).
Lanfri v. Goodwill of Silicon Valley (N.D. Cal. 2024).
Lanfri v. Goodwill of Silicon Valley (N.D. Cal. 2024).
— 42 U.S.C. § 6972(b)(1)(A) — 1 case
Roe v. Wert, 706 F. Supp. 788 (W.D. Okla. 1989).
— 42 U.S.C. § 6972(b)(1)(B) — 1 case
Marrero Hernandez v. Esso Stand. Oil Co., 597 F. Supp. 2d 272 (D.P.R. 2009).
— 42 U.S.C. § 6972(b)(2)(B)(ii) — 1 case
Utah State Dep't of Health v. Ng, 649 F. Supp. 1102 (D. Utah 1986).
— 42 U.S.C. § 6972(b)(2)(C) — 1 case
Marrero Hernandez v. Esso Stand. Oil Co., 597 F. Supp. 2d 272 (D.P.R. 2009).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.