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Rialto v. W. Coast Loading Corp., No. 08-55474

By FindLaw Staff on August 14, 2009 4:19 PM

In an action challenging the EPA's administration of unilateral administrative orders under the Comprehensive Environmental Response, Compensation, and Liability Act, the dismissal of the complaint is affirmed, where the jurisdiction-stripping provision contained in 42 U.S.C. section 9613(h) deprived the District Court of jurisdiction.

Read Rialto v. W. Coast Loading Corp., No. 08-55474

Appellate Information

Argued and Submitted June 3, 2009

Filed August 14, 2009


Opinion by Judge Graber


For Appellant:

Raymond B. Ludwiszewski, Gibson Dunn & Crutcher, LLP, Washington, DC

Michael K. Murphy, Gibson Dunn & Crutcher, LLP, Washington, DC

For Appellee:

Sambar N. Sankar, United States Department of Justice, Environment & Natural Resources Division, Washington, DC

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