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FAIRCHILD SEMICONDUCTOR CORP. v. U.S. E.P.A.

No. 91-16435.

984 F.2d 283 (1993)

FAIRCHILD SEMICONDUCTOR CORPORATION, Plaintiff-Appellant, v. U.S. ENVIRONMENTAL PROTECTION AGENCY; Daniel McGovern, in his official capacity as Regional Administrator of Region IX, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1993.

Attorney(s) appearing for the Case

Carolyn B. Kuhl, Munger, Tolles & Olson, Los Angeles, CA, for plaintiff-appellant.

J. Carol Williams, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: GOODWIN, FARRIS, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

Fairchild Semiconductor Corporation ("Fairchild") seeks declaratory relief and enforcement of a Consent Order issued under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9606. The district court dismissed Fairchild's complaint for want of subject matter jurisdiction under 42 U.S.C. § 9613(h) ("Timing of Review"). We affirm.

BACKGROUND

On August 15, 1985, Fairchild...

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