Under Texas law, plaintiffs can also seek reimbursement of their cleanup costs under the Texas Solid Waste Disposal Act (“SWDA”). The SWDA, embodied in chapter 361 of the Texas Health and Safety Code, is the Texas counterpart to both CERCLA and RCRA and is oftentimes asserted along with those claims.
As with CERCLA and RCRA, damages under the SWDA could also overlap with the damages available under common law. Unlike their federal counterparts, Texas statutes do not provide for citizen suits.
However, Section 7.351 of the Texas Water Code permits governmental units to bring suit to enforce Texas environmental laws on behalf of the State of Texas. As with federal citizen suits, this provision permits governmental units to likewise seek statutory penalties, injunctive relief and attorney’s fees.
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