RECENT FEDERAL DECISIONS

September 2005

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District Court Holds it Has No Jurisdiction over Plaintiff’s Claims Attempting to Supplement EPA’s Chosen Remedial Alternatives
North Pennsylvania Water Authority v. BAE Systems, et al., ___F.Supp.2d___

The U.S. District Court for the Eastern District of Pennsylvania denied in part and granted in part defendant’s motion to dismiss. The court found that claims brought under either the Resource, Conservation and Recovery Act (RCRA) or state law which attempted to supplement the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA ) method of cleanup, approved by EPA, constituted a challenge to the cleanup and therefore the court was striped of jurisdiction under § 113(h) of CERCLA.