Ninth Circuit Finds Dismissal of CERCLA Claim against EPA Appropriate but Clean Water Act Claim against Corps of Engineers May Proceed
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Dierker, et al. v. Clarke, et al.
Two individual litigants challenging agency action at a sediment cleanup in Washington State had their Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claims against the U.S. Environmental Protection Agency (EPA) dismissed because they failed to allege a non-discretionary act. Their Clean Water Act (CWA) claims against the U.S. Army Corps of Engineers (Corps) were reinstated, however, after the agency formally issued a permit under the CWA during the pendency of the appeal.
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Dierker, et al. v. Clarke