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An ever-expanding group of plaintiffs- are using the citizen suit provision of the Resource Conservation and Recovery Act ("RCRA") to address alleged regulatory violations, seek cleanup of wastes alleged to be causing an imminent and substantial endangerment, and pursue fee awards. Defendants should consider the following key questions when sued under RCRA's citizen suit provisions.
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In 2013 the following occurred: New legislation was passed to lighten administrative constraints on the development of wind farms; new rules on loans extended to local authorities have been adopted to limit future exposure of the local public sector; and the French constitutional court ruled that the French legislative cannot adversely affect legitimate expectations without sufficient general interest grounds.
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This is a memorandum outlining the revised guidelines on the use of expedited settlement agreements.