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Idaho v. Howmet Turbine Component Corp.

Citation: 17 ELR 20659
No. No. 86-3600, 814 F.2d 1376/25 ERC 1864/(9th Cir., 04/14/1987) Aff'd in part, rev'd in part

The court rules that the 60-day notice requirement in § 112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not apply to actions for natural resource damages under § 107. The court first holds that Idaho's suit for natural resource damages was timely filed under CERCLA § 113(g), which was added by the Superfund Amendments and Reauthorization Act of 1986 to extend the period during which states may file natural resource damage actions to compensate for the President's failure to issue natural resource damage assessment regulations. The court next rules that § 112(a)'s notice requirement does not apply to natural resource damage actions. The court notes that it need not decide whether to apply SARA, which explicitly states that § 112(a) applies only to claims against the Superfund, since the result would be the same under either version of the statute.

[The district court decision is published at 16 ELR 20407.]

Counsel for Plaintiff-Appellant-Cross-Appellees
Clive J. Strong, Steven L. Addington
Natural Resources Division
State House, Rm. 210, Boise ID 83720
(208) 334-3116

Counsel for Defendants-Appellees-Cross-Appellants
Anthony O. Garvin
Landels, Ripley & Diamond
450 Pacific Ave., San Francisco CA 94133
(415) 788-5000

Before Browning and Wright, JJ.