RECENT FEDERAL DECISIONS

November 2009

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Ninth Circuit Holds U.S. EPA’s Administration of Unilateral Administrative Orders under CERCLA Is Not Subject to Judicial Review for ‘Pattern and Practice’ Claims
City of Rialto v. West Coast Loading Corp., ___F.3d___

The U.S. Court of Appeals for the Ninth Circuit has affirmed a U.S. District Court’s dismissal of Goodrich Corporation’s “pattern and practice” claim challenging the U.S. Environmental Protection Agency’s (EPA) administration of unilateral administrative orders (UAO) under 42 U.S.C. § 9606(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), for lack of jurisdiction.