ELR Citation: ELR 20533
No(s). MO-88-CA-05 (W.D. Tex. Jun 22, 1989)

The court rules that judicial review of the Environmental Protection Agency's (EPA's) selection of a remedy under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113(h) is limited to the administrative record under the arbitrary and capricious standard. The court holds that issues related to the constitutionality of EPA's informal administrative process are not properly before the court. The court observes that §113(j) applies to any proceedings under CERCLA, including claims for equitable relief. However, the court declines to limit the scope of discovery to the administrative record.

Counsel for Plaintiff
Peter Mounsey, Harry Kelso
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-5268

Counsel for Defendants
Kevin M. Beiter
Cox & Smith, Inc.
2000 NBC Bank Plaza Bldg., 112 E. Pecan St., San Antonio TX 78205
(512) 554-5500