IDAHO DISTRICT COURT EXTENDS CERCLA 113(H0 PRE-ENFORCEMENT BAR TO PRECLUDE CLEAN EATER ACT CIVIL PENALTIES OVER MINE SITE REMEDIATION

摘要

On August 31, 2004, the U.S. District Court for the District of Idaho ruled that section 113(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 4.9 96n(M- barred a citizen suit brought under the C' Water Act concerning discharges at an inactive mine site underpin" remediation. Greater Yellowstone Coalition v. Nu-West lories, me-, No. 04-116-E (D. Idaho Aug. 31, 2004) West Industries, sure that cleanups of contaminated sites will not be delayed or interfered with by lawsuits, CERCLA § 113(h) bars a federal court from exercising jurisdiction over any legal "challenge" to an ongoing CERCLA removal or remedial action, even if brought under another statute. For purposes of the § 113(h) jurisdiction preclusion, courts consider a "challenge" to be any action that is directly related to the goal of the ongoing cleanup, or that seeks to improve on the ongoing cleanup. Thus, courts have uniformly held that actions for injunctive relief typically constitute a "challenge." However, this particular ruling out of Idaho is unique in that the court extended § 113{h) to bar an action seeking civil penalties as well as injunctive relief.