Facts

In March 2008, Sierra Club, Great Basin Resource Watch, Amigos Bravos and Idaho Conservation League (plaintiffs) filed suit against Stephen Johnson, administrator of U.S. Dept. of Environmental Protection and Mary Peppers, secretary of U.S. Dept. of Transportation (departments). The Treated Wood Council, Superfund Settlements Project, RCRA Corrective Action Project and the American Petroleum Institute Agency were added as defendants as well.

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged violations of Section 108(b)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The plaintiffs claimed that the departments were required to publish notice of the identification of classes for which financial responsibility requirements would first be developed by Dec. 11, 1983. The plaintiffs also contended that the departments were required to promulgate requirements that classes of facilities establish and maintain evidence of financial responsibility consistent with the production, treatment, transportation, storage, or disposal of hazardous substances beginning on Dec. 11, 1985, and implement those requirements as quickly as possible, no more than four years after promulgated.

Damages

The plaintiffs sought declaratory and injunctive relief.

Result

The court granted summary judgment to the plaintiffs with regard to the claim for publication of notice of classes. The court granted summary judgment to the defendants regarding claims on the duty to promulgate and impose financial responsibility requirements.