Frey v. Environmental Protection Agency

HAMILTON, Circuit Judge.

This environmental dispute stems from the contamination and clean-up of several sites near Bloomington, Indiana, that have been the subject of two prior decisions by this court. See Frey v. Environmental Protection Agency, 270 F.3d 1129 (7th Cir. 2001) (“Frey I ”); Frey v. Environmental Protection Agency, 403 F.3d 828 (7th Cir. 2005) (“Frey II ”). After our last remand of this citizen suit under the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), see 42 U.S.C. § 9659 (citizen suits authorized), the parties filed cross-motions for summary…