ELR Citation: 41 ELR 20195
No(s). s. 08-35951 (9th Cir. Jun 1, 2011)

The Ninth Circuit upheld the dismissal of individuals' citizen suit claim against a Canadian mining company seeking civil penalties under CERCLA for the mining company's noncompliance with a unilateral administrative order. Because a citizen suit for penalties while remediation is ongoing is a ...