Pakootas, et al. v. Teck Cominco Metals, Ltd., No. 08-35951 (9th Cir. 2011)
Annotate this CasePlaintiffs sued defendant to enforce the Environmental Protection Agency's ("EPA") unilateral administrative order that commanded defendant to conduct a remedial investigation and feasibility study to assess the site conditions in the Columbia River and to implement a cleanup. At issue was whether the district court properly dismissed plaintiffs' claims under Federal Rule of Civil Procedure 12(b)(1) for lack of jurisdiction under the Comprehensive Environmental Response, Compensation, and Liability Act ("CLERCA"), 42 U.S.C. 9613(h). The court held that the district court correctly concluded that it lacked jurisdiction to adjudicate plaintiffs' claims for penalties for the 892 days of noncompliance with the unilateral administrative order and properly dismissed plaintiffs' claims where subsection (h)(2) did not apply to citizens suits.
The court issued a subsequent related opinion or order on July 1, 2011.
The court issued a subsequent related opinion or order on July 1, 2011.
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