ELR Citation: 44 ELR 20082
No(s). 12-5156 (D.C. Cir. Apr 4, 2014)

The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and two hazardous waste facilities located on Navajo land. In 2010, EPA and the Bureau of Indian Affairs entered into an administrative settlement under CERCLA, thereby triggering the jurisdictional bar in CERCLA §113(h), which forecloses courts from hearing challenges to removal or remedial actions under CERCLA §104. Although the court agreed, thereby affirming the dismissal of the RCRA claims related to one of the dumps, the lower court erred in dismissing the claims with prejudice. On remand, judgment must be entered "without prejudice." As for the second dump site, the lower court ruled that the tribe's RCRA claim was moot because Congress authorized and appropriated funds for a cleanup at the site in 2009, and because the tribe assumed responsibility for the cleanup and agreed to a release of liability with DOE. But the congressional appropriation and the agreements between the tribe and DOE are insufficient to moot the tribe's RCRA claim. The court, therefore, vacated the lower court's dismissal of this claim and remanded the issue for consideration on the merits. But the court upheld the dismissal of the remaining claims.