ELR Citation: ELR 20571
No(s). 84-1799 (7th Cir. Mar 28, 1985)

The court affirms the district court's holding that the Environmental Protection Agency (EPA) is immune from suit under the Federal Tort Claims Act for failing to warn citizens that their soil was contaminated with dioxin. The court notes that even if EPA acted negligently, it is immune from suit if the action falls under the Act's discretionary function exemption. Nothing in the Resource Conservation and Recovery Act or the Comprehensive Environmental Response, Compensation, and Liability Act requires EPA to warn residents. EPA's decision not to warn was the sort of policy judgment that falls under the discretionary function exception.

[This is an unpublished order not to be cited, per Circuit Rule 35. The opinion below, along with counsel for plaintiff-appellants, are published at 15 ELR 20570.]

Counsel for Appellees
Richard K. Willard, Robert Greenspan, Bruce G. Forest
Civil Division
Department of Justice, Washington DC 20530
(202) 633-3684

Frederick J. Hess
Criminal Division
Department of Justice, Washington, DC 20530
(202) 633-3684

Wood, J. (before Flaum and Grant,* JJ.):