The question of whether notice is jurisdictional or not has important ramifications for citizen suit litigation. The characterization of the notice requirement as “jurisdictional” implicates the proper procedure for raising notice objections, the means of curing notice defects, the question of waiver of notice objections, and the timing of raising notice objections. This article will conduct a brief review of the case law concerning the jurisdictional nature (or not) of the notice requirement, a consideration of the as-yet unnoticed impact of Steel Co. on the issue, and a discussion of the procedural and litigation ramifications of characterizing the notice element as “jurisdictional.”
Karl S. Coplan, Is Citizen Suit Notice Jurisdictional and Why Does It Matter?, 10 Widener L. Rev. 49 (2003), available at http://digitalcommons.pace.edu/lawfaculty/359/.