Billy Tyler v. EPA, No. 11-1671 (8th Cir. 2011)
Annotate this CaseCourt Description: Civil case - CERCLA. Tyler failed to provide the EPA with written notice of his intent to sue, as CERCLA requires, and the district court did not err in dismissing the suit.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 11-1671 ___________ Billy Tyler, * * Appellant, * Appeal from the United States * District Court for the v. * District of Nebraska. * Environmental Protection Agency, * [UNPUBLISHED] * Appellee. * ___________ Submitted: August 23, 2011 Filed: August 29, 2011 ___________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Billy Tyler appeals the district court s1 dismissal of his claim under the Comprehensive Environmental Response, Compensation, and Liability Act against the Environmental Protection Agency. After careful de novo review, see Moore v. Sims, 200 F.3d 1170, 1171 (8th Cir. 2000), we conclude that the court properly dismissed the claim because Tyler failed to allege that he had provided written notice 1 The Honorable Laurie Smith Camp, United States District Judge for the District of Nebraska. to the EPA of his intent to sue, as CERCLA requires, see 42 U.S.C. ยง 9659(a)(2), even after he was allowed to amend his complaint to cure this defect. Accordingly, the judgment of the district court is affirmed. ______________________________ -2-
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