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Violet v. EPA

Citation: 17 ELR 20703
No. No. 85-0749 P, 654 F. Supp. 56/25 ERC 1709/(D.R.I., 01/22/1987)

The court holds that the 1986 amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) moot Rhode Island's challenge of the Environmental Protection Agency's (EPA's) selected response action at the Picillo site in Coventry, Rhode Island, because CERCLA § 121(d)(2)(C)(iv) now requires EPA to conform its remedial actions to state standards in cases where the state has judicially challenged the action by May 1, 1986. The court reviews legislative history that indicates the amendment was specifically aimed at this lawsuit. The court finds that the pleadings do not raise other issues that Rhode Island contends are still unsettled with EPA, namely the precise remedy now to be selected, the cost allocation, and consistency with the National Contingency Plan. The court finds that Rhode Island sought to compel EPA to follow Rhode Island's remedial plan and holds that the 1986 CERCLA Amendments grant that relief. Moreover, the court holds, even if issues raised in this litigation are not moot, until EPA promulgates a new remedial plan there is no administrative action and the challenge is not ripe.

[Other opinions related to the Picillo site appear at 15 ELR 20426, 16 ELR 20262, and 16 ELR 20331.]

Counsel for Plaintiff
Susan B. Squires
Office of the Attorney General
72 Pine St., Providence RI 02903
(401) 274-4400

Counsel for Defendant
Michael A. McCord
Land and Natural Resources Division
Dept. of Justice, Washington DC 20530
(202) 633-2000