Durfey

The present case arises out of the events and litigation in Yakima County, Washington, surrounding the Hanford Nuclear Reservation (“Hanford”). Pamela Durfey, Paulene Echo Hawk, and Dorothy George appeal the district court’s dismissal of their state medical monitoring tort 1 claims for lack of subject matter jurisdiction, the denial of their motion to remand to state court, and the district court’s consolidation of their *123 claims with the In re Hanford litigation. In re Hanford Nuclear Reservation Litigation, 780 F.Supp. 1551 (E.D.Wash.1991).

The district court concluded that it lacked subject matter jurisdiction to hear plaintiffs’ claims because the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C. § 9613 (h) (“CERCLA § 113(h)”), bars judicial review of “challenges” to ongoing federal agency “removal” or “remedial” actions as premature. The district court believed that plaintiffs’ medical monitoring claims are “challenges” to the health-related activities being conducted at Hanford by the Agency for Toxic Substances and Disease Registry (“ATSDR”). As a result, the district court held that plaintiffs’ claims cannot be brought…