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Discharge Of Rcra Injunctive Claims In Bankruptcy: The Seventh Circuit's Decision In United States V. Apex Oil Co., Inc., Diana E. Rdzanek
Discharge Of Rcra Injunctive Claims In Bankruptcy: The Seventh Circuit's Decision In United States V. Apex Oil Co., Inc., Diana E. Rdzanek
Seventh Circuit Review
In its recent decision in United States v. Apex Oil, Inc., the Seventh Circuit considered whether an injunction under an environmental statute, even one that requires significant expenditures on the part of the debtor, could ever be a "right to payment" under the Bankruptcy Code, which would allow the claim to be discharged in the bankruptcy. The Seventh Circuit answered in the negative. Since the Supreme Court's decision in Ohio v. Kovacs, the federal circuits have disagreed on the discrete issue of when a claim arises for purposes of bankruptcy with respect to clean-up injunctions under environmental laws. …
How Many Environmental Plaintiffs Are Still Standing?, Andrew D. Dorn
How Many Environmental Plaintiffs Are Still Standing?, Andrew D. Dorn
Seventh Circuit Review
Standing is easy to describe but difficult to apply. At a minimum, standing requires three elements: (1) injury-in-fact; (2) traceability to conduct of the defendant; and (3) that a favorable decision could provide redress for the injury. This Note outlines the development of the standing doctrine from Lujan v. Defenders of Wildlife through Summers v. Earth Island Institute and examines how several courts have applied this standard to their cases. It also analyzes Pollack v. Department of Justice. It proposes an approach that demands more than pleadings but removes the court's license to pre-litigate the merits of the case …