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Frey v. Environmental Protection Agency

ELR Citation: 44 ELR 20102
Nos. 2014 BL 122694, (7th Cir., 05/01/2014)

The Seventh Circuit affirmed a lower court decision dismissing a CERCLA citizen suit challenging remediation work at three landfills in Indiana. The remediation work was divided into three stages. The lower court held that it lacked jurisdiction over the citizens' claims challenging the second and third stages, and the appellate court agreed. Because the second and third stages of the site cleanups are currently in progress, CERCLA §113(h)(4) prevents the courts from reviewing those claims. In addition, the lower court properly dismissed the citizens' claims concerning the completed first stage of the remedial work. EPA completed the functional equivalent of a remedial investigation and feasibility study prior to selecting Stage 1, and it made the required determination that the Stage 1 remedies protect human health and the environment.