RCRA contains a citizen-suit provision "which permits private citizens to
enforce its provisions." Id. at 484, 116 S.Ct. 1251. Section 6972(a)(1)(B)
"permits a civil action against any person `who has contributed *427 or who
is contributing to the past or present ... disposal of any solid or
hazardous waste which may present an imminent and substantial endangerment
to health or the environment.'"[3] Simsbury-Avon, 575 F.3d at 205 (quoting
42 U.S.C. § 6972(a)(1)(B)). BROOKLYN UNION GAS v. EXXON MOBIL CORPORATION,
478 F. Supp. 3d 417 - Dist. Court, ED New York 2020 (August 13, 2020)...140
S.Ct. 1462 (2020)COUNTY OF MAUI, HAWAII
v. HAWAII WILDLIFE FUND, No. 18-260. (April 23, 2020)
A constitutional right is clearly established if "every reasonable official
would have understood that" their conduct violated that right. A.N. ex rel.
Ponder v. Syling, 928 F.3d 1191, 1197 (10th Cir. 2019) (quoting Mullenix v.
Luna, 577 U.S. 7, 11 (2015) (per curiam)). A right may be clearly
established by a precedent or the weight of authority elsewhere. Brown, 974
F.3d at 1184. "[B]ut a case directly on point is not required so long as
`existing precedent [has] placed the . . . constitutional question beyond
debate.'" A.N., 928 F.3d at 1197 (second alteration in original) (quoting
White v. Pauly, 137 S. Ct. 548, 551 (2017) (per curiam)).
"[G]eneral statements of the law are not inherently incapable of giving
fair and clear warning" that particular conduct is unconstitutional. Hope
v. Pelzer, 536 U.S. 730, 741 (2002) (quoting United States v. Lanier, 520
U.S. 259, 271 (1997)). "[A] general constitutional rule . . . may apply
with obvious clarity to the specific conduct in question" even if no court
has held that conduct unlawful. Id. (quoting Lanier, 520 U.S. at 271); see
also Taylor v. Riojas, 141 S. Ct. 52, 54 (2020) (per curiam) (concluding
that the extreme facts did not require a case on point because "any
reasonable officer should have realized that [the plaintiff]'s conditions
of confinement [had] offended the Constitution"). Sturdivant v. Fine, No.
20-3147 (January 7, 2022)
JUSTICE FRANKFURTER, concurring in the Court's opinion except as to Part
VII:...It is not the function of our Government to keep the citizen from
falling into error; it is the function of the *443 citizen to keep the
Government from falling into error. American Communications Assn. v. Douds,
339 U.S. 382 (May 8, 1950)...COMBS, C.J., CONCUR:..The People are, after
all, the parent of this government, not its child, and it is "the function
of the citizen to keep the Government from falling into error,"[33]
OKLAHOMA INDEPENDENT PETROLEUM v. Potts, 414 P. 3d 351 (March 21, 2018)
American Communications Assn. v. Douds, 339 U.S. 382 (May 8, 1950)...Level
of Scrutiny Hassan v. City of New York, 804 F. 3d 277 (October 13, 2015)
justice jackson: In Ruth v. Peshek, 153 Okl. 147, 5 P.2d 108, 111, in the
body of the opinion this court said
"The people reserved to themselves the power to propose laws and amendments
to the Constitution, * * *. This power so reserved to the people should not
be crippled, avoided, or denied by technical construction by the courts. It
is the duty of the courts to construe and preserve this right as intended
by the people in adopting the Constitution, and thereby reserve unto the
people this power."
"Ours is a government which rests upon the will of the governed. The
initiative and referendum is the machinery whereby self-governing people
may express their opinion in concrete form upon matters of public concern.
If the people are to be self-governed, it is essential that they shall have
a right to vote upon questions of public interest and register the public
will."
In the second paragraph of the syllabus in Cress v. Estes, 43 Okl. 213, 142
P. 411, this court expressed its view of the initiative as follows:
"The power to propose and adopt a proposition of any nature and to amend
their Constitution is vested in the people of the state, and in the
exercise of such power they constitute the legislative branch of the
government and are not subject to interference or control by the
judiciary." In re Initiative Petition Number 259, etc., 316 P. 2d 139
(September 30, 1957)...ERVIN, Chief Justice (dissenting): I will only quote
in conclusion from In Re Initiative Petition No. 259, etc., 316 P.2d 139
(Okl. 1957), where the Supreme Court of Oklahoma stated the general rule of
construction of initiative provisions which had been established by earlier
case law:
"`The people reserve to themselves the power to propose laws and amendments
to the Constitution, * * *. This power so reserved to the people should not
be crippled, avoided, or denied by technical construction by the courts. It
is the duty of the courts to construe and preserve this right as intended
by the people in adopting the Constitution and thereby reserve unto the
people this power.'" Adams v. Gunter, 238 So. 2d 824 238 So.2d 824 (1970)
Justice SOTOMAYOR, dissenting:..In this country, the federal government
"deriv[es] its powers directly" from the sovereign people, McCulloch v.
Maryland, 4 Wheat. 316, 404-405 (1819), and is empowered to act only in
accord with the terms of the written Constitution the people have approved,
Mabury v. Madison, 1 Cranch 137, 176-177 (1803). Empires and duchies in
Europe may have subscribed to the "doctrine . . . that the people were made
for kings, not kings for the people." The Federalist No. 45, p. 289 (C.
Rossiter ed. 1961) (J. Madison). "Monarchical and despotic governments" may
possess the power to act "unrestrained by written constitutions." Downes,
182 U. S., at 380 (Harlan, J., dissenting). But our Nation's government
"has no existence except by virtue of the Constitution," and it may not
ignore that charter in the Territories any more than it may in the States.
Id., at 382. United States v. MADERO, Supreme Court 2022 No. 20-303 (April
21, 2022)
California Targets Farmers Lawmakers Want to Take Away Their Water Rights
to Stave Off Drought (2:15)
https://youtube.com/watch?v=nrcqWuA_3YU
Ukrainian Troops Are Burning Huge Amounts of Wheat and Corn As They Leave
Mariupol (2:11)
https://youtube.com/watch?v=MpcY9ENyMVE
Michigan Democrat Sen. Debbie Stabenow Brags That She Passed “Every Single
Gas Station” in Her Brand New Electric Vehicle and ‘It Didn’t Matter How
High Gas Was’ (VIDEO) (until it reaches your electric bill retard.)
https://www.thegatewaypundit.com/2022/06/michigan-democrat-sen-debbie-stabenow-brags-passed-every-single-gas-station-brand-new-electric-vehicle-didnt-matter-high-gas-video/
Biden’s Commerce Secretary Throws in the Towel on Gas Prices: “There Isn’t
Very Much More to be Done” (VIDEO)
https://www.thegatewaypundit.com/2022/06/bidens-commerce-secretary-throws-towel-gas-prices-isnt-much-done-video/
A Looming Food Crisis Will Ultimately Impact Americans, Expanding The
Effects Of Record Inflation
https://www.thegatewaypundit.com/2022/06/looming-food-crisis-will-ultimately-impact-americans-expanding-effects-record-inflation/
Lazy Brits Are Not To Blame For The Worker Shortage (5:06)
https://odysee.com/@WEGOTAPROBLEM:f/lazy-brits-are-not-to-blame-for-the:9
Lockdown II The Sequel (8:02)
https://youtube.com/watch?v=ZWRH_Uoiwto
Hunter Biden’s Favorite Las Vegas Hooker Got $20,000 Federal PPP Loan for
‘Female-Owned Sole Proprietorship’ After Joe Biden Took Office
https://www.thegatewaypundit.com/2022/06/hunter-bidens-favorite-las-vegas-hooker-got-20000-federal-ppp-loan-female-owned-sole-proprietorship-joe-biden-took-office/
You’re paying for WHAT? (1:43)
https://odysee.com/@CarlVernon:7/you%E2%80%99re-paying-for-what-%E2%80%A6:4
Seattle School Principal Refused to Cooperate With Police as Deranged
Intruder Was Terrorizing a Class of Fifth Grade Students, Allowing Him to
Exit School Lockdown And Immediately Commit Multiple Assaults Before His
Arrest
https://www.thegatewaypundit.com/2022/06/seattle-school-principle-refused-cooperate-police-deranged-intruder-terrorizing-class-fifth-grade-students-allowing-exit-school-lockdown-immediately-commit-multiple-ass/
DeSantis Fights Back After Soros-Linked Media Group Targets Hispanic Voters
https://www.thegatewaypundit.com/2022/06/desantis-fights-back-soros-linked-media-group-targets-hispanic-voters/
How Can You be Confident That Government Spending is Not the Cause of
Inflation?” – Yellen Ignores Reporters as Her Staff Runs Interference
(VIDEO)
https://www.thegatewaypundit.com/2022/06/can-confident-government-spending-not-cause-inflation-yellen-ignores-reporters-staff-runs-interference-video/
When you’re on the inside (1:18)
https://odysee.com/@CarlVernon:7/when-you%E2%80%99re-on-the-inside%E2%80%A6:6
The Pump and Dump Scheme Of PETA That Endangers Animals And Destroys Lives
https://www.thegatewaypundit.com/2022/06/exclusive-pump-dump-scheme-peta-endangers-animals-destroys-lives/
Would You Talk to Me Later?” – Creepy Grandpa Joe Asks Children to Stay
Behind and Talk to Him After Bill Signing (VIDEO)
https://www.thegatewaypundit.com/2022/06/talk-later-creepy-grandpa-joe-asks-children-stay-behind-talk-bill-signing-video/
Judicial Watch Forces Release of DOJ Memo Declining Criminal Prosecution
For Ashli Babbitt Killer Michael Byrd: Babbitt Shooting Evidence Missing
https://www.thegatewaypundit.com/2022/06/judicial-watch-forces-release-doj-memo-declining-criminal-prosecution-ashli-babbitt-killer-michael-byrd-babbitt-shooting-evidence-missing/
Far-Left Pro-Abortion Terrorists Firebomb Pro-Life Pregnancy Center in
Buffalo
https://www.thegatewaypundit.com/2022/06/far-left-pro-abortion-terrorists-firebomb-pro-life-pregnancy-center-buffalo/
Activists Plan To Shut Down The Supreme Court Over Potential Roe Ruling
https://www.thegatewaypundit.com/2022/06/activists-planning-shut-supreme-court-potential-roe-ruling/
ACTIVISM IN CANADA'S SUPREME COURT (7:53)
https://www.bitchute.com/video/LMhfoZPwcZs/
CDC Backtracks on Non-Airborne Monkeypox Mask Guidance After Criticism
https://www.thegatewaypundit.com/2022/06/cdc-backtracks-non-airborne-monkeypox-mask-guidance-criticism/
FDA Advisers Recommend Authorizing Novavax Covid Vaccine Despite Risks of
Myocarditis
https://www.thegatewaypundit.com/2022/06/just-fda-advisers-recommend-authorizing-novavax-covid-vaccine-despite-risks-myocarditis/
ARGENTINA CITIZENS OF ARGENTINA ARE OFFICIALLY TOLD EVERYTHING THE
“CRIMINAL ELITE” IS UP TO ON (45 sec)
https://www.bitchute.com/video/Es9qvlWgYus9/
Georgetown Law Scholar Slams Woke Ideologies Of Liberal Law School As He
Resigns To Protect His Free Speech
https://www.thegatewaypundit.com/2022/06/georgetown-law-scholar-slams-woke-ideologies-liberal-law-school-resigns-protect-free-speech/
North Carolina City Cancels Drag Queen Story Hour, An Event That Has ‘A Big
Impact On Kids’
https://www.thegatewaypundit.com/2022/06/north-carolina-city-cancels-drag-queen-story-hour-event-big-impact-kids/
RECALLED Chesa Boudin Voted Out Of Office In Blue San Francisco
https://www.thegatewaypundit.com/2022/06/recalled-far-left-da-chesa-boudin-voted-office-blue-san-francisco/
San Diego Grand Jury Indicts 11 Antifa Militants For Attacking Trump
Supporters During “Patriot March” in Pacific Beach
https://www.thegatewaypundit.com/2022/06/just-san-diego-grand-jury-indicts-11-antifa-militants-attacking-trump-supporters-patriot-march-pacific-beach/
ISKH CANADIANS PROTEST IN FRONT OF LIBERAL MP’S OFFICE TO DEMAND AN END TO
COVID TRAVEL RESTRICTIO..(13:33)
https://www.bitchute.com/video/JpVJbKg3ZvE/
Miracle Drug Shows 100% Remission For All Cancer Patients In Drug Trial
https://www.thegatewaypundit.com/2022/06/miracle-drug-shows-100-remission-cancer-patients-drug-trial/
When you actually want to become a Doctor (5:15)
https://youtube.com/watch?v=x5b4Ov3RLpo
Asian Parent Punishments (2:47)
https://youtube.com/watch?v=TsSP-nHjZ0Q
