ELR Citation: ELR 20076
No(s). 03-3877 (7th Cir. Apr 6, 2005)

The Seventh Circuit held that a citizens suit seeking to challenge cleanup efforts at Superfund sites in Indiana was improperly dismissed. The lower court improperly concluded that the action was premature because active remedial planning was underway. For the U.S. Environmental Protection Agency (EPA) to delay the suit, it must point to some objective referent that commits it and other responsible parties to an action or plan. No such objective evidence exists in this record. There is no timetable or other objective criterion by which to assess when EPA's amorphous study and investigation phase may end. The citizens, therefore, are entitled to their day in court.

[Prior decisions in this litigation are published at 19 ELR 20383, 20 ELR 20669, and 32 ELR 20310.]