Environmental Law — CERCLA

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U.S. Court of Appeals for the 7th Circuit

Civil

Environmental Law — CERCLA

Permanent injunctive relief is not an available remedy under CERCLA.

“[I]f courts were to undertake the traditional analysis for injunctive relief in deciding whether to enforce an EPA order, they would inject equitable considerations where they do not belong. Moreover, as Glatfelter points out, the entry of an injunction that simply orders PRPs to comply with a complex cleanup order issued by EPA may run afoul of Federal Rule of Civil Procedure 65(d)(1)(C), which requires that every injunction ‘describe in reasonable detail — and not by referring to the complaint or other document — the act or acts restrained or required.’ Accordingly, permanent injunctive relief is incongruous with the nature and purpose of an action to enforce an administrative clean-up order under CERCLA § 106(b).”

Affirmed in part, and Vacated in part.

13-2436 & 13-2441 U.S. v. P.H. Glatfelter Co.

Appeal from the United States District Court for the Eastern District of Wisconsin, Griesbach, J., Tinder, J.