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

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

Judges

Opinion by Judge Graber

Counsel

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