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Name of Article:
Are Citizen Suits CERCLA Section 113(h)'s Unintended Victims? 
Title of Book/Journal:
Environmental Law Reporter 
Type:
Article 
English Translation:
 
Publication Date:
January 1997     
Author(s):
Dugan, Marianne
 Editor(s):
 
Volume:
27 
Issue: 1
Pages: 10003    
Corporate Author:
 
Publisher:
   
EPA Number:
 
Other Number:
   
Keyword(s):
LAW-FEDERAL
CERCLA
LAW-LITIGATION
LAW-LITIGATION-BAD FAITH
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Comments:
 
 
 
 
    
 
Annotation:
This article describes how Section 113(h) of CERCLA effectively limits public legal challenges directed against response actions until after cleanup activities at a Superfund site are finished. The section was originally created to restrict the use of such challenges by financially responsible parties to delay their financial responsibilities. However, a number of federal courts have determined that Section 113() also prohibits citizen suits initiated to enforce RCRA, and other environmental laws at sites undergoing Superfund cleanup activities. The current analysis in this article asserts that application of Section 113() 's jurisdictional prohibition against citizen suits may prevent most environmental enforcement of the most problematic pollution cases in the nation.
 
 
       
 
 
 

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