Shea Homes Ltd. Partnership v. United States

ORDER GRANTING MOTION TO DISMISS CLAIMS FOUR THROUGH TEN

HENDERSON, District Judge.

This matter came before the Court on July 11, 2005, on Defendant’s Motion to Dismiss the fourth through tenth claims in this action under Fed.R.Civ.P. 12(b)(1), or alternatively, Fed.R.Civ.P. 56(c). Defendant contends that this Court is barred, under Section 113(h) of CERCLA, from exercising jurisdiction over Plaintiffs fourth through tenth claims because they improperly seek to challenge the government’s ongoing clean up of a contaminated site. Defendant also contends that this Court lacks jurisdiction over…