RECENT FEDERAL DECISIONS

May 2008

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District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed
Wason Ranch Corporation v. Hecla Mining Company et al., ___F.Supp.2d___

The Resource Conservation and Recovery Act, 42 U.S.C. § 6902 et seq. (RCRA) generally requires the U.S. Environmental Protection Agency (EPA) and the Department of the Interior (DOI) to take certain actions to develop an extensive federal management scheme for handling potentially hazardous waste. Due to the lack of information on the potential danger posed by coal mining waste at the time RCRA was enacted, however, Congress included 42 U.S.C. § 6982(f), commonly referred to as § 8002(f) of RCRA, which directs EPA to conduct a detailed study of mining wastes to evaluate “the potential danger to human health and environmental vitality.” RCRA also directs EPA to consult with the DOI while preparing the § 8002(f) study. Subsequently, Congress passed the Solid Waste Disposal Act of 1980 (SWDA), which added to RCRA the so-called “Bevill Amendment.”