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___

A U.S. District Court in Colorado granted summary judgment in favor of defendants where plaintiff sued for injunctive relief and penalties under the Resource Conservation and Recovery Act (RCRA) for pollution caused by several area-mining sites. The U.S. Environmental Protection Agency (EPA) had issued a memorandum approving a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA ) removal action at several of the dozens of mining sites in the Willow Creek watershed, some but not all of which were included in plaintiff’s RCRA suit. The District Court held that plaintiff’s suit was barred by CERCLA § 113(h), which denies federal courts jurisdiction to hear challenges to government CERCLA removal actions.