Bloomberg Law
May 26, 2023, 6:41 PM

Owner Can’t Make EPA’s Property Contamination Study Move Faster

Bernie Pazanowski
Bernie Pazanowski

A US district court didn’t have the jurisdiction to hear a Utah property owner’s suit seeking an order compelling the Environmental Protection Agency to more quickly finish a contamination study of its soil, the Tenth Circuit said Friday.

Resort Center Associates’ claim falls under the jurisdiction-stripping provision of the Comprehensive Environmental Response, Compensation, and Liability Act, the unpublished order and judgment signed by Judge Robert E. Bacharach said.

Resort Center purchased the property from a mining company and planned to develop it. As the project began, the EPA ordered a study of possible arsenic contamination in the soil. The study ...

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