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Idaho v. Howmet Turbine Component Corp.

ELR Citation: 16 ELR 20407
Nos. No. 83-4179, 627 F. Supp. 1274/23 ERC 2025/(D. Idaho, 01/30/1986)

The court rules that the 60-day notice requirement in §112(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) applies to actions alleging liability under §107 and is jurisdictional absent substantial compliance. The court first holds that plaintiff's action under §107 of CERCLA against defendant mining companies for unlawful hazardous waste disposal in five creek drainages falls within the three-year statute of limitations contained in §112(d) of the Act. The one-day late filing of the action, on December 12, 1983, was timely, becuse the last day of the limitations period fell on a Sunday. However, the court holds that plaintiff's failure to present a notice of claim 60 days prior to commencement of the action precludes the suit under CERCLA §112(a), since the 60-day requirement, a jurisdictional prerequisite to a CERCLA action, also applies to actions brought under §107. Having granted summary judgment on plaintiff's CERCLA claims, the court declines to exercise its pendent jurisdiction over state-law causes of action in nuisance.

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

Counsel for Defendants
Theodore L. Garrett
Covington & Burling
1201 Pennsylvania Ave. NW, P.O. Box 7566
Washington DC 20044
(202) 662-5398

Anthony O. Garvin
Landels, Ripley & Diamond
450 Pacific Ave., San Francisco CA 94133
(415) 788-5000