RECENT FEDERAL DECISIONS

December 2007

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District Court Lacks Jurisdiction over RCRA Citizen-Suit Requesting Remediation Beyond that Required by EPA under CERCLA
Public Service Company of Colorado v. Schrader Oil Company, ___F.Supp.2d___

On defendants’ motion for summary judgment, the federal District Court in Colorado held that it had no jurisdiction over plaintiff’s RCRA citizen-suit, because plaintiff’s request for more extensive remediation than that required by the EPA constituted a “challenge” to the removal or remedial action selected under CERCLA, and was therefore barred by CERCLA § 113(h).