Walls V. Waste Resource Corp‪.‬

In this class action suit, a group of residents and homeowners of Bumpass Cove, in upper east Tennessee, are suing the owner, operators and users of the Bumpass Cove Landfill, a waste dumping ground near Bumpass Cove. The District Court dismissed the plaintiffs' complaint because it found that the plaintiffs had failed to adequately plead facts establishing federal subject matter jurisdiction. The court ruled that the plaintiffs had failed to plead actual notice as required to establish jurisdiction over their citizen suit claims under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and that they could not bring suit under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S. § 9601 et seq., because that Act did not create a private cause of action. For the reasons set forth below, we affirm but remand with leave to amend on the notice issues, and reverse and remand on the private cause of action question.