The statute of limitations for environmental cases in federal court can vary depending on the specific federal law that is being invoked. Below are some examples of the statute of limitations for some common types of environmental cases:
Clean Air Act (CAA) and Clean Water Act (CWA): These federal laws establish various deadlines for citizens to file a complaint with the Environmental Protection Agency (EPA) before filing a lawsuit in court. The CAA and CWA provide a citizen suit provision which allows private citizens to file a lawsuit against violators of the Act. The statute of limitation for these types of cases is typically 60 days from the date of the alleged violation.
Resource Conservation and Recovery Act (RCRA) : This federal law establishes regulations for the management of hazardous waste. The statute of limitation for RCRA claims is typically 180 days from the date of the alleged violation.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) : This federal law establishes a system for cleaning up hazardous waste sites, commonly known as "Superfund" sites. The statute of limitation for CERCLA claims is typically three years from the date of the discovery of the release of hazardous substance.
National Environmental Policy Act (NEPA) : This federal law requires federal agencies to consider the environmental impacts of their actions and to provide an opportunity for public comment. The statute of limitation for NEPA claims is typically 150 days from the date of the alleged violation
It's important to note that these are examples of the statute of limitations for environmental cases and may vary depending on the specific facts of the case, the jurisdiction and the type of claim. It's always best to consult with an attorney to determine the specific statute of limitations for a particular case.