Editors' Summary: In 1986, in an effort to expedite cleanups at Superfund sites, Congress enacted SARA, which among other things added §113(h) to CERCLA. Section §113(h) bars "preenforcement" challenges to response actions under §104 and cleanup orders issued under §106. SARA also amended CERCLA by adding §120, which provides for cleanup at federal facilities. Although §113(h) does not explicitly apply to §120 cleanups, the question has arisen whether it nevertheless does apply to them.

This Article analyzes that issue. First, the Article examines the plain language of CERCLA. Then, it looks at the legislative history of SARA, and analyzes relevant case law and policy considerations. It concludes that §113(h) does not bar review of §120 actions.