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Pollution Control Indus. of Am., Inc. v. Reilly

Citation: 19 ELR 21344
No. No. 89 C 4036, 715 F. Supp. 219/30 ERC 1230/(N.D. Ill., 06/26/1989)

The court holds that it lacks jurisdiction to review a challenge to the Environmental Protection Agency's (EPA's) disapproval of a contractor selected by a potentially responsible party to perform removal work required by an EPA administrative order under § 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court holds that EPA's disapproval of the contractor, in addition to its order requiring the removal work, constitutes an order under CERCLA § 106 and is thus barred from judicial review under CERCLA § 113(h). The language of the § 106 order stated that EPA reserved the right to disapprove any contractor and the language of § 106 is broad enough to allow EPA to issue such an order. The court holds that denial of review does not violate the contractor's due process or equal protection rights. The court holds that plaintiffs may not proceed under CERCLA's citizen suit provision, since they have not given the requisite 60-day notice and have not alleged that EPA has violated any nondiscretionary duty.

Counsel for Plaintiffs
Robin R. Lunn, Michael C. Neubauer
Keck, Mahin & Cate
8300 Sears Tower, Chicago IL 60606
(312) 876-3598

Counsel for Defendants
Lawrence E. Blatnick, Thomas R. Bartman
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20026-3986
(202) 633-2338