ELR Citation: ELR 20180
No(s). 08-01409 (N.D. Cal. Aug 5, 2009)

A district court dismissed an environmental group's claims against EPA for failing to promulgate and enforce financial responsibility regulations under CERCLA §108(b). Although §108(b) requires EPA to promulgate financial responsibility regulations and incrementally impose such requirements, §108(b) provides EPA with discretion as to when to promulgate such regulations. Section 108(b) does not include a date-certain deadline for the promulgation of financial responsibility regulations and the legislative history demonstrates that Congress rejected a proposed amendment to add a date-certain deadline for the promulgation of financial responsibility regulations. Because only nondiscretionary duties may be challenged in citizen suits under CERCLA, the case was dismissed.

[A prior decision in this litigation can be found at 39 ELR 20051]