Department of Energy v. Ohio, 503 U.S. 607, 10 (1992)

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616

DEPARTMENT OF ENERGY v. OHIO

Opinion of the Court

priate civil penalties under [33 U. S. C. § 1319(d)]." 33 U. S. C. § 1365(a).

The relevant part of the corresponding section of RCRA is similar:

"[A]ny person may commence a civil action on his own behalf —

"(1)(A) against any person (including . . . the United States) . . . 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 . . .

"(B) against any person, including the United States . . . 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 . . . .

. . . . . ". . . The district court shall have jurisdiction . . . 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, . . . and to apply any appropriate civil penalties under [42 U. S. C. §§ 6928(a) and (g)]." 42 U. S. C. § 6972(a).

A State is a "citizen" under the CWA and a "person" under RCRA,9 and is thus entitled to sue under these provisions.

Ohio and its amici argue that by specifying the United States as an entity subject to suit and incorporating the civil-9 See n. 5, supra.

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