United States v. Princeton Gamma-Tech, Inc.

I agree with the majority that the district court had and that we have jurisdiction under 42 U.S.C. § 9613(h)(1). I reach this conclusion because I think it would be anomalous to say, for example, that because the remedy it chose was arbitrary and capricious, the EPA could not recover in a cost recovery action for wells already drilled, but the propriety of its decision regarding all the future wells in the same response phase would not yet be ripe for review. It seems to me that when the EPA opens the door by bringing a cost recovery suit while a response action remains in progress, common…