Relying on CERCLA, District Court finds lack of jurisdiction in case where citizens seek injunctive

The District Court, Eastern District of Pennsylvania, denied a citizens’ request to require the Navy to provide health assessments and medical monitoring to assess the effects of contaminants in the water supply, purportedly caused by the its Willow Grove and Warminster facilities; the Court instead granted the US Navy’s motion to dismiss for lack of jurisdiction. The Naval facilities are currently undergoing CERCLA response actions and have been listed on the National Priorities List by the EPA for over twenty years. In 2014, the Plaintiffs learned of dangerous levels of perfluorochemical compounds (“PFCs”) in their water supply, allegedly due to the facilities’ improper disposal of contaminants and hazardous substances. The Court reasoned that since the EPA response action was an ongoingremedial action, the Court lacked jurisdiction under CERCLA Sections 113(b) & (h), which prohibit challenges to CERCLA removal or remediation actions except in limited circumstances.

Giovanni v. U.S. Dep’t of the Navy, No. 16–4873, 2017 WL 2880749 (E.D.PA. July 6, 2017).