Legal Opinion

Hanford Downwinders Coalition, Inc. v. Dowdle

Court of Appeals for the Ninth Circuit

Decided December 7, 1995No. 94-35100PublishedCited by 17 opinions

1Opinion of the Court

MICHAEL DALY HAWKINS, Circuit Judge:

The Hanford Downwinders Coalition (“HDC”) and private plaintiffs appeal the district court’s decision to dismiss their request for injunctive relief against defendants-appellees Dr. Walter Dowdle, Administrator of the Agency for Toxic Substances and Disease Registry (“ATSDR”), and the ATSDR. The lower court dismissed the HDC’s claim for lack of subject matter jurisdiction and for failure to state a claim based on the Timing of Review provision of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). See 42 U.S.C. § 9613(h)…

2Cases cited25 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. 3550 Stevens Creek Associates, a Limited Partnership v. Barclays Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1990
  3. Dedham Water Company v. Cumberland Farms Dairy, Inc.Court of Appeals for the First Circuit · 1986
  4. Clark v. Uebersee Finanz-Korp., AGSupreme Court of the United States · 1947
  5. Gloria Price v. United States Navy Harry Moses Marguerite Moses (Deceased) Michael Moses Shirley MosesCourt of Appeals for the Ninth Circuit · 1994

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3Cited by17 opinions

  1. Arco Environmental Remediation, L.L.C. v. Department Of Health And Environmental Quality Of The State Of MontanaCourt of Appeals for the Ninth Circuit · 2000
  2. Sarah E. Frey, Kevin Enright, and Protect Our Woods, Inc. v. Environmental Protection Agency, Christie Whitman, Administrator, and Viacom, Inc.Court of Appeals for the Seventh Circuit · 2001
  3. In Re Burbank Environmental LitigationDistrict Court, C.D. California · 1998
  4. Hanford Downwinders Coalition, Inc. v. DowdleCourt of Appeals for the Ninth Circuit · 1995
  5. Pat Costner v. Urs Consultants, Inc.Court of Appeals for the Eighth Circuit · 1998

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