RECENT FEDERAL DECISIONS

January 2003

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Eleventh Circuit Upholds Dismissal of Challenges to Remediation of Superfund Site already in Progress
Broward Gardens Tenants Assoc. et al. v. U.S.Environmental Protection Agency et al.,

On November 5, 2002, the Eleventh Circuit Court of Appeals affirmed the District Court's dismissal of a case brought against the U.S. Environmental Protection Agency (EPA) by nearby residents of a Superfund site. The circuit court held that the lawsuit was barred under S 113(h) of CERCLA as a "challenge" during remediation, and the constitutional claims provided no exemption from the S 113(h) bar.