10th Circuit: Developer Can’t Challenge Ongoing EPA Actions At Polluted Property

Mealey's (May 31, 2023, 1:17 PM EDT) -- DENVER — A trial court properly dismissed Comprehensive Environmental Response, Compensation and Liability Act claims brought by a real estate developer whose property showed signs of arsenic contamination because federal district courts have no jurisdiction to consider challenges to ongoing EPA removal actions, a 10th Circuit U.S. Court of Appeals panel found in affirming the trial court’s dismissal of the developer’s claims that the EPA was performing its cleanup of the property too slowly....