ELR Citation: ELR 20659
No(s). PN-89-1735 (D. Md. Jan 3, 1990)

The court holds that it lacks jurisdiction to hear a challenge to a removal action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) until the government files a cost recovery suit or orders plaintiffs to conduct their own cleanup. Plaintiffs seek to require the government to use a competitive bidding process in performing the removal work and to refrain from distributing information about the alleged dangers from fire or explosion at the site. The court holds that none of the exceptions to CERCLA §113(h)'s ban on preenforcement review apply. EPA has not issued any order and has not sought reimbursement or brought an enforcement action against plaintiffs.

Counsel Pro Se
Paul J. Mraz
204 South St., Elton MD 21921
(301) 398-3200

Counsel for Defendants
Jane Barrett, Ass't U.S. Attorney
820 U.S. Courthouse, Baltimore MD 21201
(301) 539-2940