CERCLA 108b Petition for Writ of Mandamus

Idaho Conservation League, Earthworks, Sierra Club, Amigos Bravos, Great Basin Resource Watch, and Communities for a Better Environment (“Petitioners”) petition this Court for a Writ of Mandamus requiring EPA to issue rules ensuring that industries that handle hazardous substances will have the financial means to clean up any inadvertent releases. More than thirty years ago, Congress directed EPA to issue such rules in the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). 42 U.S.C. § 9608(b). After an order from a federal district court, in 2009 and early 2010 EPA issued findings that financial assurance rules were warranted for four industries. 74 Fed. Reg. 37,213 (July 28, 2009); 75 Fed. Reg. 816 (Jan. 6, 2010). Despite the explicit directive from Congress and EPA’s own findings, however, EPA has yet to issue such rules.