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Lowering the Bar? Seventh Circuit Allows Citizen Suit While EPA Continues Cleanup Investigation |
April 4, 2006
Previously published on May 24, 2005
On April 6, 2005, the United States Court of Appeals for the Seventh Circuit issued an opinion clarifying when citizens may file suit to challenge Environmental Protection Agency (EPA) cleanup activities under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In Frey v. Environmental Protection Agency, 403 F.3d 828 (7th Cir. 2005), the Court allowed a citizen suit to proceed even though the EPA had not completed all of its remediation activities at three Indiana landfill sites contaminated with PCBs.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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