ELR Citation: ELR 20051
No(s). 08-1409 (N.D. Cal. Feb 25, 2009)

A district court ordered the U.S. Environmental Protection Agency (EPA) to identify and publish by May 4, 2009, a list of facilities required to demonstrate financially responsibility for hazardous waste cleanups. EPA argued that the lawsuit was time barred. The court, however, ruled that the continuing-violations doctrine applies to EPA's failure to act. Accordingly, the claim is not time barred. The court declined to address the merits of EPA’s argument regarding their duty to promulgate and implement financial assurance requirements. Instead, it decided to hold these issues in abeyance pending EPA’s publication of the list.