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RAZORE v. TULALIP TRIBES OF WASHINGTON

Nos. 94-35985, 94-36244.

66 F.3d 236 (1995)

Josie RAZORE; John Banchero, Plaintiffs-Appellants, v. The TULALIP TRIBES OF WASHINGTON; The Tulalip Section 17 Corporation; The Bureau of Indian Affairs; Carol Browner, Administrator of the United States Environmental Protection Agency, Defendants-Appellees. Josie RAZORE; John Banchero, Plaintiffs-Appellees, v. The TULALIP TRIBES OF WASHINGTON; The Tulalip Section 17 Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1995.

Attorney(s) appearing for the Case

Roger Truitt, Piper & Marbury, Baltimore, MD, for plaintiffs-appellants Razore and Banchero.

Keith E. Moxon, Buck & Gordon, Seattle, WA, and Joan M. Pepin, United States Department of Justice, Washington, DC, for defendants-appellees Tulalip Tribes, et al.

Before JOHN T. NOONAN, Jr., THOMPSON and HAWKINS, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9613(h), bans all challenges to ongoing remedial or removal actions. The principal question in this appeal is whether a remedial investigation/feasibility study constitutes a removal or remedial action.

I. FACTS

The plaintiffs operated a landfill on the Tulalip Indian Reservation from 1965 to 1979...

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