Are Citizen Suits CERCLA §113(h)'s Unintended Victims?
Editors' Summary: CERCLA §113(h), with some exceptions, prohibits legal challenges to response actions until the cleanup at a Superfund site is completed. While the section's sponsors hoped to prevent potentially responsible parties (PRPs) from using such challenges to delay their financial responsibilities, several federal courts have held that §113(h) also bars citizen suits brought to enforce the FWPCA, RCRA, and other environmental laws at Superfund sites.