ARCO Environmental Remediation, L.L.C. v. Department of Health & Environmental Quality

ARCO Environmental Remediation (“ARCO”) brought this suit to obtain from the State of Montana documents pertaining to an environmental cleanup being conducted pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq, and to enjoin closed-door meetings between Montana and the federal Environmental Protection Agency (“EPA”). Filed in Montana state court, the complaint alleges causes of action under Montana law. We must decide the narrow question whether a federal district court has removal jurisdiction over this suit. We have appellate jurisdiction under 28 U.S.C. § 1291 and Concha v. London, 62 F.3d 1493, 1506 (9th Cir.1995), and we review de novo the district court’s decision denying remand. See Brennan v. Southwest Airlines Co., 134 F.3d 1405, 1409 (9th Cir.), amended by, 140 F.3d 849 (9th Cir.1998). Because we find that the district court has no jurisdiction over this case, we reverse.

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The Clark Fork River Operable Unit (“CFROU”) is a Superfund site 2 in Montana’s Upper Clark Fork River Basin. CERCLA requires the EPA to determine, for each Superfund site, what is to be cleaned up, the extent of the cleanup, the…