Public participation

United States Code

Section: 9617

Jurisdiction: US

Bluebook Citation: 42 U.S.C. § 9617


Citation analytics

How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.

Highly CitedTop 5% most-cited · cited by 42 decisions
42
Citing decisions
6+
Courts citing

Citations by decade

7
17
7
7
4
1980s1990s2000s2010s2020s

Courts citing this statute

10th Cir.3
1st Cir.3
6th Cir.3
9th Cir.3
E.D. Mich.3
D. P.R.2
Most recently cited by10
  • 2026Chamber of Commerce of the United States of America v. EPA D.C. Cir.
  • 2023Housatonic River Initiative v. U.S. Environmental Protection Agency 1st Cir.
  • 2021United States v. PR Industrial Development Co. 1st Cir.
  • 2020United States v. Reilly Tar D. Minnesota
  • 2019Champlain Parkway SW Discharge Permit - Decision on Motion (Dismiss) Vt. Super. Ct.
  • 2019United States v. Puerto Rico Indus. Dev. Co. D. P.R.
  • 2019United States v. Hercules, LLC S.D. Ga.
  • 2011Ashley II of Charleston, LLC v. PCS Nitrogen, Inc. D.S.C.
  • 2010City of St. Louis v. Velsicol Chemical Corp. E.D. Mich.
  • 2010Ashley II of Charleston, LLC v. PCS Nitrogen, Inc. D.S.C.

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Text

Publish a notice and brief analysis of the proposed plan and make such plan available to the public. Provide a reasonable opportunity for submission of written and oral comments and an opportunity for a public meeting at or near the facility at issue regarding the proposed plan and regarding any proposed findings under section 9621(d)(4) of this title (relating to cleanup standards). The President or the State shall keep a transcript of the meeting and make such transcript available to the public. Notice of the final remedial action plan adopted shall be published and the plan shall be made available to the public before commencement of any remedial action. Such final plan shall be accompanied by a discussion of any significant changes (and the reasons for such changes) in the proposed plan and a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations under subsection (a). if any remedial action is taken, if any enforcement action under section 9606 of this title is taken, or if any settlement or consent decree under section 9606 of this title or section 9622 of this title is entered into, For the purposes of this section, publication shall include, at a minimum, publication in a major local newspaper of general circulation. In addition, each item developed, received, published, or made available to the public under this section shall be available for public inspection and copying at or near the facility at issue. Subject to such amounts as are provided in appropriations Acts and in accordance with rules promulgated by the President, the President may make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed on the National Priorities List under the National Contingency Plan. Such grants may be used to obtain technical assistance in interpreting information with regard to the nature of the hazard, remedial investigation and feasibility study, record of decision, remedial design, selection and construction of remedial action, operation and maintenance, or removal action at such facility. The amount of any grant under this subsection may not exceed $50,000 for a single grant recipient. The President may waive the $50,000 limitation in any case where such waiver is necessary to carry out the purposes of this subsection. Each grant recipient shall be required, as a condition of the grant, to contribute at least 20 percent of the total of costs of the technical assistance for which such grant is made. The President may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need and such waiver is necessary to facilitate public participation in the selection of remedial action at the facility. Not more than one grant may be made under this subsection with respect to a single facility, but the grant may be renewed to facilitate public participation at all stages of remedial action. Before adoption of any plan for remedial action to be undertaken by the President, by a State, or by any other person, under section 9604, 9606, 9620, or 9622 of this title, the President or State, as appropriate, shall take both of the following actions: After adoption of a final remedial action plan— (Source: (Pub. L. 96–510, title I, § 117, as added Pub. L. 99–499, title I, § 117, Oct. 17, 1986, 100 Stat. 1654.))

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