ELR Citation: ELR 20753
No(s). 88-0173-0(BM) (W.D. Ky. Feb 15, 1990)

The court holds that the bar on preenforcement review in §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act applies to constitutional challenges to Environmental Protection Agency (EPA) response actions. The court also holds that EPA may conduct a remedial investigation/feasibility study even if a site is never placed on the national priorities list, and EPA's written offer to potentially responsible parties to participate in such a study does not violate due process because it allows parties to attempt to reduce their potential liability.

Counsel for Plaintiff
David L. Yewell
Rummage, Kamuf, Yewell, Pace & Condon
Great Financial Federal Bldg., 322 Frederica St., Owensboro KY 42301
(502) 685-3901

Counsel for Defendants
Richard A. Dennis, Ass't U.S. Attorney
Bank of Louisville Bldg., 10th Fl., 510 W. Broadway, Lexington KY 40202 (502) 582-5911