United States Second Circuit

In a case arising out of the clean-up of anthrax contamination by the U.S. Postal Service, the district court's dismissal based on Section 113(h) of CERCLA, which bars jurisdiction in suits challenging certain ongoing CERCLA "removal actions," is affirmed.

Appellate Information

• Decided 09/16/2003
• Published 09/16/2003

Judges

• JACOBS, Circuit Judge., Before:  JACOBS and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Louie Nikolaidis,Lewis, Greenwald, Clifton & Nikolaidis, P.C. (Peter Henner and Daniel E. Clifton, of counsel, on the brief), New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Sheila M. Gowan, Assistant United States Attorney, Southern District of New York (James B. Comey, United States Attorney, Beth E. Goldman, Assistant United States Attorney, on the brief), New York, NY, for Defendants-Appellees.