Early RCRA Claims Barred as 'Challenges' To Superfund Action, May Be Refiled Later

摘要

Resource Conservation and Recovery Act claims filed by a gas company and a Native American tribe against the U.S. three years before the Bureau of Indian Affairs and the U.S. entered into a Super-fund agreement for the same site are precluded by the Superfund bar on pre-enforcement review, but may be refiled after the cleanup is done, the U.S. Court of Appeals for the District of Columbia Circuit has ruled (El Paso Natural Gas Co. v. United States, 2014 BL 94630, D.C. Cir., No. 12-5156, 4/4/14).