JUDICIAL DEVELOPMENTS

October 2011

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Ninth Circuit Holds a Citizen Suit under CERCLA Cannot Be Used to Enforce Violations of an EPA Administrative Order
Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___

The Ninth Circuit Court of Appeals has held that a citizen suit under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cannot be used as a vehicle to enforce penalties for a violation of the U.S. Environmental Protection Agency’s (EPA) administrative order. The Ninth Circuit found that plaintiffs who sued to collect $24 million of pollution-related penalties had no standing.