United States Eleventh Circuit

In an action relating to the Air Force's use of certain land, now owned by plaintiff, as a landfill in prior decades, wherein plaintiff raised tort claims under the Federal Tort Acts (FTCA), claims of cost recovery under the CERCLA, and a citizen suit under the Resource Conversation Act (RCRA), summary judgment for government is affirmed where: 1) the district court lacked jurisdiction to hear plaintiff's RCRA citizen suit claim while federal facility remedial action was ongoing; and 2) the remaining aspects of plaintiff's appeal were without merit.

Appellate Information

• Decided 05/05/2008
• Published 05/05/2008

Judges

• BLACK, Circuit Judge:, Before BLACK and CARNES, Circuit Judges, and RESTANI, Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Thomas R. DeBray, Sr., Nabors, Belser & DeBray, LLC, James Doyle Fuller, Law Office of J. Doyle Fuller, PC, Montgomery, AL, for OSI, Inc.


• For Appellees:
  
• David C. Shilton, Wagner Jackson, U.S. Dept of Justice, Environmental Div., Washington, DC, Stephen M. Doyle, Montgomery, AL, for Defendants-Appellees.