Perry

This is an action brought by McClellan Ecological Seepage Situation (“MESS”) to require McClellan Air Force Base to comply with various environmental laws. The district court ruled against MESS and MESS appealed. The Secretary of Defense cross-appealed on the ground that MESS’s appeal was untimely — a contention that we reject.

After hearing argument, we remanded the case to the district court for certain findings regarding the jurisdiction of the federal courts to entertain many of MESS’s claims. The district court determined that most of MESS’s claims, brought under the Resource Conservation Recovery Act, 42 U.S.C. §§ 6901-6992 (“RCRA”), the Clean Water Act, 33 U.S.C. §§ 1251-1387 , and several California state environmental statutes, must *327 be dismissed for lack of jurisdiction. The findings indicate that the Department of Defense is engaged in a cleanup at McClellan Air Force Base, conducted pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601-9675 (“CERCLA” §§ 101-405), 2 and that the bulk of MESS’s claims constitute an impermissible challenge to that cleanup.

After again hearing argument, we accept the…