Followell Ex Rel. Estate of Gurley v. United States

BYE, Circuit Judge.

Cheryl Followed, as executrix, brings this action on behalf of the estate of her deceased mother, Betty Gurley. Followed and Gurley Refining Company (“GRC”) (collectively, “Plaintiffs”) appeal an order of the district court 1 dismissing this action for failure to state a claim. We affirm.

The dispute between Plaintiffs and the Environmental Protection Agency (“EPA”) has, as the district court noted, “a long and tortuous history” reaching back more than twenty years when the EPA filed a civil action in 1987 alleging Plaintiffs violated the Comprehensive Environmental Response…