Page:United States Statutes at Large Volume 100 Part 2.djvu/548

 100 STAT. 1650

PUBLIC LAW 99-499—OCT. 17, 1986

42 USC 9613.

(2) TIMING OF REVIEW; ADMINISTRATIVE RECORD.—Section 113

of CERCLA is amended by adding at the end thereof the following new subsections: "(h) TIMING OF REVIEW.—No Federal court shall have jurisdiction under Federal law other than under section 1332 of title 28 of the United States Code (relating to diversity of citizenship jurisdiction) or under State law which is applicable or relevant and appropriate under section 121 (relating to cleanup standards) to review any challenges to removal or remedial action selected under section 104, or to review any order issued under section 106(a), in any action except one of the following: -.,;.,, "(1) An action under section 107 to recover response costs or damages or for contribution. "(2) An action to enforce an order issued under section 106(a) or to recover a penalty for violation of such order. "(3) An action for reimbursement under section 106(b)(2). "(4) An action under section 310 (relating to citizens suits) alleging that the removal or remedial action taken under section 104 or secured under section 106 was in violation of any requirement of this Act. Such an action may not be brought with regard to a removal where a remedial action is to be undertaken at the site. "(5) An action under section 106 in which the United States has moved to compel a remedial action. "(i) INTERVENTION.—In any action commenced under this Act or 42 USC 9201 under the Solid Waste Disposal Act in a court of the United States, note. any person may intervene as a matter of right when such person claims an interest relating to the subject of the action and is so situated that the disposition of the action may, as a practical matter, impair or impede the person's ability to protect that interest, unless the President or the State shows that the person's interest is adequately represented by existing parties, "(j) JUDICIAL REVIEW.—

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"(1) LIMITATION.—In any judicial action under this Act, judicial review of any issues concerning the adequacy of any response action taken or ordered by the President shall be limited to the administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court. (2) STANDARD.—In considering objections raised in any judicial action under this Act, the court shall uphold the President's decision in selecting the response action unless the objecting party can demonstrate, on the administrative record, that the decision was arbitrary and capricious or otherwise not in accordance with law. "(3) REMEDY.—If the court finds that the selection of the response action was arbitrary and capricious or otherwise not in accordance with law, the court shall award (A) only the response costs or damages that are not inconsistent with the national contingency plan, and (B) such other relief as is consistent with the National Contingency Plan. "(4) PROCEDURAL ERRORS.—In reviewing alleged procedural errors, the court may disallow costs or damages only if the errors were so serious and related to matters of such central relevance to the action that the action would have been significantly changed had such errors not been made.

"(k) ADMINISTRATIVE R E C O R D AND PARTICIPATION PROCEDURES.—

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