In an action challenging the EPA's administration of unilateral administrative orders under the Comprehensive Environmental Response, Compensation, and Liability Act, the dismissal of the complaint is affirmed, where the jurisdiction-stripping provision contained in 42 U.S.C. section 9613(h) deprived the District Court of jurisdiction.
Argued and Submitted June 3, 2009
Filed August 14, 2009
Opinion by Judge Graber
Michael K. Murphy, Gibson Dunn & Crutcher, LLP, Washington, DC
Sambar N. Sankar, United States Department of Justice, Environment & Natural Resources Division, Washington, DC