Environmentalists are eyeing litigation over EPA's decision to scrap plans to issue financial responsibility requirements under the Superfund law for the mining sector and are "very likely" to file suit in the U.S. Court of Appeals for the District of Columbia Circuit over the agency's final action not to issue a rule, according to an environmental attorney involved in the issue. While EPA took final action, and "did comply" with a court-ordered schedule to do so by Dec. 1, after environmentalists brought a deadline suit to force EPA to consider such rules, the groups are weighing a separate, substantive suit over the agency's decision, according to Amanda Goodin, an attorney with Earthjustice which has long represented environmental groups on the issue.
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