Sierra Club v. Johnson

ORDER DENYING IN PART DEFENDANTS’ MOTION TO DISMISS AND ORDER TO SHOW CAUSE

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this environmental action alleging failure to perform nondiscretionary duties required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal defendants move to dismiss for lack of subject-matter jurisdiction or, in the alternative, for improper venue. For the reasons stated below, defendants’ motion is Denied in Part. Subject-matter jurisdiction is proper over plaintiffs’ CERCLA claim. With respect to plaintiffs’ Administrative…