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Student Publications Homepage
ARTICLE CONTENTS
[Pages 399-426]
TOP OF ARTICLE
Introduction
I. The Primary Jurisdiction Doctrine
A. The Definition and Purpose of the Primary Jurisdiction Doctrine
B. The Basic Application of the Primary Jurisdiction Doctrine
II. Development of the Primary Jurisdiction Doctrine
A. First Statement of the Primary Jurisdiction Doctrine—Texas & Pacific Railway v. Abilene Cotton Oil Co.
B. Refining the Primary Jurisdiction Doctrine—Great Northern Railway Co. v. Merchants’ Elevator Co.
C. Abilene Cotton and Great Northern as Guides to the Application of the Primary Jurisdiction Doctrine
III. The Primary Jurisdiction Doctrine in the Context of Environmental Statutes—Citizen-Suits Under the Resource Recovery and Conservation Act as the Theoretical Core
A. Overview
B. Principle Arguments for and Against the Application of the
Primary Jurisdiction Doctrine in RCRA Citizen-Suits
Based on Congressional Intent
1. Congressional Intent and Referral to State Agencies
2. Congress Clearly Delineated the Jurisdiction Between EPA and Federal Courts
C. Arguments for and Against the Application of the Primary Jurisdiction Doctrine to RCRA Citizen-Suits Based on Technical Expertise and the Possibility of Conflicting Obligations
1. Technical Expertise
2. Possibility of Conflicting Obligations
D. Other Considerations in the Application of the Primary Jurisdiction Doctrine—Actual Agency Proceedings and Agency Diligence
IV. First Steps: The Primary Jurisdiction Doctrine in the Context of the Clean Air Act
A. Anderson v. Farmland Industries
B. Local Environmental Awareness Development Group (LEAD) v. Exide Corp.
C. Sierra Club v. Tri-State Generation and Transmission Ass’n, Inc.
V. Toward a Coherent Theory: How the Primary
Jurisdiction Doctrine Should Be Applied
to Clean Air Act Citizen-Suits
A. A Rebuttal of the Primary Arguments Against Applying the Primary Jurisdiction Doctrine in the Context of CAA Citizen-Suits
1. Congressional Intent Does Not Likely Prohibit a Court from Holding That a State Agency Has Primary Jurisdiction
2. The Citizen-Suit Notice Provisions Do Not a Court from Granting Primary Jurisdiction to the EPA or a State Environmental Protec-tion Agency
B. Analyzing the Primary Jurisdiction Doctrine in the Context
of CAA Citizen-Suits
Conclusion
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