Arc Ecology v. U.S. Dept. of the Air Force

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

This action requires the Court to decide if Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., applies to claims brought by citizens of a foreign country against the United States to assess the alleged pollution on former U.S. military bases located in a foreign country. Pursuant to CERCLA, Plaintiffs request an order compelling the Defendants to (1) conduct preliminary assessments of the properties of two former United States military bases in the Philippines, Clark Air Force Base (“Property Formerly Clark A.F. Base”) and the Subic Bay Naval Base (“Property Formerly Su-bic Naval Base”) and (2) seek an order declaring that the provisions of CERCLA apply to those two former United States military bases. The Court finds that CERCLA does not apply to foreign countries and orders the case dismissed.

II. BACKGROUND

The Plaintiffs in this case are Filipino citizens who live or travel around property in the Philippines which were former United States military bases. The individual Plaintiffs are joined by two organizations, Arc Ecology and the Filipino-American…