42 U.S.C. § 9613 — Civil proceedings

(a) A person^* interested in a regulation under this chapter may seek review only in the United States^* Court of Appeals for the District of Columbia Circuit, and must apply within 90 days after the regulation is promulgated. A matter that could have been reviewed this way cannot later be reviewed in an enforcement case or a case seeking damages^* or response^* costs. (b) Except for subsections (a) and (h), Federal district courts have exclusive original jurisdiction over all controversies under this chapter, regardless of the parties’ citizenship or the amount in dispute. Venue is proper where the release^* or damage occurred, where the defendant resides or can be found, or where the defendant has its principal office. The Fund^* is considered to reside in the District of Columbia. (c) Subsections (a) and (b) do not apply to a controversy or other matter resulting from assessing or collecting a tax under subchapter II or to review of a regulation under title 26. (d) No provision of this chapter makes moot or otherwise disposes of litigation about a hazardous-substance release or related damage that began before December 11, 1980. (e) In an action brought by the United States under this chapter, process may be served in any district where the defendant is found, resides, does business, or has appointed an agent for service.
(f) Contribution. (1) A person may seek contribution from any person liable or potentially liable under section 9607(a), during or after a civil action under section 9606 or 9607(a). The claim^* must follow this section and the Federal Rules of Civil Procedure and is governed by Federal law. The court may allocate response costs among liable parties using equitable factors it considers appropriate. This paragraph does not take away a person’s right to bring a contribution action without a civil action under section 9606 or 9607. (2) A person that resolves its liability to the United States or a State^* through an administrative or judicially approved settlement is not liable for contribution claims about matters addressed in the settlement. Unless the settlement says otherwise, it does not release other potentially liable persons, but it reduces their potential liability by the settlement amount. (3)(A) If the United States or a State receives less than complete relief from a person that settled its liability, the United States or State may sue a person that has not settled. (B) A person that settled liability for all or part of a response action or its costs may seek contribution from a person that is not a party to the settlement. (C) In that action, the rights of the settling person are subordinate to the rights of the United States or State. Federal law governs the action.
(g) Period in which action may be brought. (1) Natural-resource damages. Except as paragraphs (3) and (4) provide, an action for damages as defined in section 9601(6) must begin within 3 years after the later of: (A) the date the loss and its connection with the release are discovered; or (B) the date regulations under section 9651(c) are promulgated. For a facility^* on the National Priorities List, a Federal facility^* identified under section 9620, or a vessel^* or facility where a remedial action^* is otherwise scheduled, the action must begin within 3 years after the remedial action is completed, excluding operation and maintenance. This deadline replaces the dates in (A) and (B). An action for damages for such a vessel or facility may not begin (i) until at least 60 days after the Federal or State natural-resource trustee gives the President and potentially responsible party notice of intent to sue, or (ii) before the remedial action is selected if the President is diligently conducting a remedial investigation and feasibility study under section 9604(b) or 9620. The notice and remedial-action-selection limits do not apply to actions filed on or before October 17, 1986. (2) Recovery of costs. An initial action to recover costs referred to in section 9607 must begin (A) for a removal^* action, within 3 years after the removal action is completed, except that it must be brought within 6 years after a determination to grant a waiver under section 9604(c)(1)(C) for continued response action; and (B) for a remedial action, within 6 years after physical on-site construction begins, except that if the remedial action begins within 3 years after the removal action is completed, removal costs may be recovered in the cost-recovery action under (B). In each such action, the court must enter a declaratory judgment on liability for response costs or damages that binds later actions to recover more response costs or damages. A later action under section 9607 for more costs at the vessel or facility may continue during the response action, but must begin no later than 3 years after all response action is completed. Except as this paragraph provides, a section 9607 cost-recovery action may begin any time after the costs are incurred. (3) Contribution. An action for contribution for response costs or damages may not begin more than 3 years after (A) the judgment in an action under this chapter to recover those costs or damages, or (B) an administrative order under section 9622(g) or (h), or entry of a judicially approved settlement, concerning those costs or damages. (4) Subrogation. An action based on rights transferred by subrogation under this section because a claim was paid may not begin under this subchapter more than 3 years after the claim was paid. (5) Indemnification payments. Despite the other rules in this subsection, when an indemnification payment is made under section 9619 under an agreement with a response-action contractor, an action under section 9607 to recover that payment from a potentially responsible party may be brought any time before 3 years after the payment date. (6) Minors and incompetent persons. These time limits do not begin to run against a minor until the earlier of the minor’s 18th birthday or the date a legal representative is properly appointed. They do not begin to run against an incompetent person until the earlier of the date the incompetence ends or the date a legal representative is properly appointed.
(h) Timing of review. No Federal court may review, under Federal law other than title 28 section 1332 or under applicable or relevant-and-appropriate State law under section 9621, a challenge to a removal or remedial action selected under section 9604 or to an order under section 9606(a), except in: (1) an action under section 9607 to recover response costs or damages or for contribution; (2) an action to enforce a section 9606(a) order or recover a penalty for violating it; (3) an action for reimbursement under section 9606(b)(2); (4) a citizens’ suit under section 9659 alleging that a removal or remedial action under section 9604 or secured under section 9606 violated this chapter, except that such an action may not concern a removal where remedial action is to be undertaken at the site; or (5) an action under section 9606 in which the United States has moved to compel remedial action.
(i) Intervention. In an action under this chapter or the Solid Waste Disposal Act in a United States court, a person may intervene as a matter of right if the person claims an interest related to the action and is situated so that the action’s outcome may practically impair or impede the person’s ability to protect that interest, unless the President or State shows that existing parties adequately represent it.
(j) Judicial review. (1) In a judicial action under this chapter, review of issues about the adequacy of a response action taken or ordered by the President is limited to the administrative record. Otherwise applicable administrative-law principles govern whether the court may consider supplemental material. (2) The court must uphold the President’s response-action selection unless the objecting party shows on the administrative record that it was arbitrary and capricious or otherwise unlawful. (3) If the selection was arbitrary and capricious or otherwise unlawful, the court may award only response costs or damages consistent with the National Contingency Plan^*, and other relief consistent with that Plan. (4) For alleged procedural errors, the court may disallow costs or damages only if the errors were so serious and centrally relevant that the action would have changed significantly without them.
(k) Administrative record and participation. (1) The President must establish the administrative record used to select a response action. It must be available to the public at or near the facility, and the President may place copies elsewhere. (2)(A) For removal actions, the President must issue regulations under chapter 5 of title 5 establishing appropriate procedures for interested persons to participate in developing the record used to select and review removal actions. (B) For remedial actions, the President must allow interested persons, including potentially responsible parties, to participate in developing the record used to select and review remedial actions. At minimum, the procedures must provide: (i) notice to potentially affected persons and the public, with a brief analysis of the plan and alternatives considered; (ii) a reasonable chance to comment and provide information; (iii) a public meeting in the affected area under section 9617(a)(2); (iv) a response to each significant written or oral comment, criticism, and new data; and (v) a statement explaining the basis and purpose of the selected action. The record must include all items developed and received under (B) and all items described in the second sentence of section 9617(d). The President must issue title 5 chapter 5 regulations to carry out (B). (C) Until those regulations are issued, the record consists of all items developed and received under current response-action selection procedures, including procedures for participation by interested parties and the public. Record development and response-action selection do not include an adjudicatory hearing. (D) The President must make reasonable efforts to identify and notify potentially responsible parties as early as possible before selecting a response action. Nothing in this paragraph is a defense to liability.
(l) Notice of actions. When someone other than the United States brings an action under this chapter in a United States court, that plaintiff must give a copy of the complaint to the United States Attorney General and the Administrator^* of the Environmental Protection Agency.