United States v. Iron Mountain Mines, Inc.

MEMORANDUM OF OPINION AND ORDER

The United States moves to limit review of certain response actions selected by the Environmental Protection Agency (“EPA”) for the Iron Mountain Mine site to the administrative record. At issue are two Records of Decision, referred to as RODs, specifically ROD 1, which was issued in 1986, and ROD 2, which was issued in 1992 , The United States also seeks to preclude supplementation of the record by defendant Rhñe-Pou-lenc Basie Chemicals Company, Inc. The State of California joins the motion. Rhóne-Poulenc opposes on the ground that discovery in this case has revealed “a shocking scenario of abuse of power by EPA” and cross moves on the same issues. R-P Mem & Opp’n at 1.

I.

The Iron Mountain Mine site was listed on the. National Priorities List in 1983. Since that time, EPA has been investigating, designing, and implementing responses to the environmental pollution at the site.

From 1983 until 1986, EPA conducted its initial Remedial Investigation (“RI”), which characterized the Iron Mountain Mine site and the pollution found there, and developed its initial Feasibility Study (“FS”), which described and evaluated possible cleanup measures. See…