Memorandum Opinion
JUSTICE, Chief Judge.
The plaintiff, the City of Gallatin, Texas, has brought this civil action under the "citizen suit" provision of the Resource Conservation and Recovery Act of 1976, as amended ("RECRA"). 42 U.S.C. § 6972(a), § 6901, et seq. In its complaint, plaintiff alleges that the defendant, Cherokee County, Texas, is constructing an "open dump", which is prohibited by RECRA at 42 U.S.C. § 6945...
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