((a)) ** Review of regulations in Circuit Court of Appeals of the United States for the District of Columbia** Review of any regulation promulgated under this chapter may be had upon application by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Any such application shall be made within ninety days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or to obtain damages or recovery of response costs.
((b)) ** Jurisdiction; venue** Except as provided in subsections (a) and (h) of this section, the United States district courts shall have exclusive original jurisdiction over all controversies arising under this chapter, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the release or damages occurred, or in which the defendant resides, may be found, or has his principal office. For the purposes of this section, the Fund shall reside in the District of Columbia.
((c)) ** Controversies or other matters resulting from tax collection or tax regulation review** The provisions of subsections (a) and (b) of this section shall not apply to any controversy or other matter resulting from the assessment of collection of any tax, as provided by subchapter II of this chapter, or to the review of any regulation promulgated under title 26.1
((d)) ** Litigation commenced prior to ** No provision of this chapter shall be deemed or held to moot any litigation concerning any release of any hazardous substance, or any damages associated therewith, commenced prior to .December 11, 19801980-12-11
((e)) ** Nationwide service of process** In any action by the United States under this chapter, process may be served in any district where the defendant is found, resides, transacts business, or has appointed an agent for the service of process.
((f)) ** Contribution**
((1)) ** Contribution** Any person may seek contribution from any other person who is liable or potentially liable under , during or following any civil action under or under . Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure, and shall be governed by Federal law. In resolving contribution claims, the court may allocate response costs among liable parties using such equitable factors as the court determines are appropriate. Nothing in this subsection shall diminish the right of any person to bring an action for contribution in the absence of a civil action under or .section 9607(a) of this titlesection 9606 of this titlesection 9607(a) of this titlesection 9606 of this titlesection 9607 of this title
((2)) ** Settlement** A person who has resolved its liability to the United States or a State in an administrative or judicially approved settlement shall not be liable for claims for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially liable persons unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.
((3)) ** Persons not party to settlement**
((A)) If the United States or a State has obtained less than complete relief from a person who has resolved its liability to the United States or the State in an administrative or judicially approved settlement, the United States or the State may bring an action against any person who has not so resolved its liability.
((B)) A person who has resolved its liability to the United States or a State for some or all of a response action or for some or all of the costs of such action in an administrative or judicially approved settlement may seek contribution from any person who is not party to a settlement referred to in paragraph (2).
((C)) In any action under this paragraph, the rights of any person who has resolved its liability to the United States or a State shall be subordinate to the rights of the United States or the State. Any contribution action brought under this paragraph shall be governed by Federal law.
((g)) ** Period in which action may be brought**
((1)) ** Actions for natural resource damages** Except as provided in paragraphs (3) and (4), no action may be commenced for damages (as defined in ) under this chapter, unless that action is commenced within 3 years after the later of the following:
((A)) The date of the discovery of the loss and its connection with the release in question.
((B)) The date on which regulations are promulgated under .
((2)) ** Actions for recovery of costs** An initial action for recovery of the costs referred to in must be commenced—
((A)) for a removal action, within 3 years after completion of the removal action, except that such cost recovery action must be brought within 6 years after a determination to grant a waiver under for continued response action; and
((B)) for a remedial action, within 6 years after initiation of physical on-site construction of the remedial action, except that, if the remedial action is initiated within 3 years after the completion of the removal action, costs incurred in the removal action may be recovered in the cost recovery action brought under this subparagraph.
((3)) ** Contribution** No action for contribution for any response costs or damages may be commenced more than 3 years after—
((A)) the date of judgment in any action under this chapter for recovery of such costs or damages, or
((B)) the date of an administrative order under (relating to de minimis settlements) or 9622(h) of this title (relating to cost recovery settlements) or entry of a judicially approved settlement with respect to such costs or damages.
((4)) ** Subrogation** No action based on rights subrogated pursuant to this section by reason of payment of a claim may be commenced under this subchapter more than 3 years after the date of payment of such claim.
((5)) ** Actions to recover indemnification payments** Notwithstanding any other provision of this subsection, where a payment pursuant to an indemnification agreement with a response action contractor is made under , an action under for recovery of such indemnification payment from a potentially responsible party may be brought at any time before the expiration of 3 years from the date on which such payment is made.section 9619 of this titlesection 9607 of this title
((6)) ** Minors and incompetents** The time limitations contained herein shall not begin to run—
((A)) against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or
((B)) against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent.
((h)) ** Timing of review** No Federal court shall have jurisdiction under Federal law other than under (relating to diversity of citizenship jurisdiction) or under State law which is applicable or relevant and appropriate under (relating to cleanup standards) to review any challenges to removal or remedial action selected under , or to review any order issued under , in any action except one of the following:
((1)) An action under to recover response costs or damages or for contribution.
((2)) An action to enforce an order issued under or to recover a penalty for violation of such order.
((3)) An action for reimbursement under .
((4)) An action under (relating to citizens suits) alleging that the removal or remedial action taken under or secured under was in violation of any requirement of this chapter. 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 in which the United States has moved to compel a remedial action.
((i)) ** Intervention** In any action commenced under this chapter or under the Solid Waste Disposal Act [ et seq.] in a court of the United States, 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.42 U.S.C. 6901
((j)) ** Judicial review**
((1)) ** Limitation** In any judicial action under this chapter, 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 chapter, 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 record and participation procedures**
((1)) ** Administrative record** The President shall establish an administrative record upon which the President shall base the selection of a response action. The administrative record shall be available to the public at or near the facility at issue. The President also may place duplicates of the administrative record at any other location.
((2)) ** Participation procedures**
((A)) ** Removal action** The President shall promulgate regulations in accordance with chapter 5 of title 5 establishing procedures for the appropriate participation of interested persons in the development of the administrative record on which the President will base the selection of removal actions and on which judicial review of removal actions will be based.
((B)) ** Remedial action** The President shall provide for the participation of interested persons, including potentially responsible parties, in the development of the administrative record on which the President will base the selection of remedial actions and on which judicial review of remedial actions will be based. The procedures developed under this subparagraph shall include, at a minimum, each of the following:
((i)) Notice to potentially affected persons and the public, which shall be accompanied by a brief analysis of the plan and alternative plans that were considered.
((ii)) A reasonable opportunity to comment and provide information regarding the plan.
((iii)) An opportunity for a public meeting in the affected area, in accordance with (relating to public participation).
((iv)) A response to each of the significant comments, criticisms, and new data submitted in written or oral presentations.
((v)) A statement of the basis and purpose of the selected action.
((C)) ** Interim record** Until such regulations under subparagraphs (A) and (B) are promulgated, the administrative record shall consist of all items developed and received pursuant to current procedures for selection of the response action, including procedures for the participation of interested parties and the public. The development of an administrative record and the selection of response action under this chapter shall not include an adjudicatory hearing.
((D)) ** Potentially responsible parties** The President shall make reasonable efforts to identify and notify potentially responsible parties as early as possible before selection of a response action. Nothing in this paragraph shall be construed to be a defense to liability.
((l)) ** Notice of actions** Whenever any action is brought under this chapter in a court of the United States by a plaintiff other than the United States, the plaintiff shall provide a copy of the complaint to the Attorney General of the United States and to the Administrator of the Environmental Protection Agency.