Texte intégral
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 11-1671
___________
Billy Tyler, *
*
Appellant, * Appeal from the United States
* District Court for the
v. * District of Nebraska.
*
Environmental Protection Agency, * [UNPUBLISHED]
*
Appellee. *
___________
Submitted: August 23, 2011
Filed: August 29, 2011
___________
Before LOKEN, BYE, and COLLOTON, Circuit Judges.
___________
PER CURIAM.
Billy Tyler appeals the district court’s dismissal of his claim under the1
Comprehensive Environmental Response, Compensation, and Liability Act against
the Environmental Protection Agency. After careful de novo review, see Moore v.
Sims, 200 F.3d 1170, 1171 (8th Cir. 2000), we conclude that the court properly
dismissed the claim because Tyler failed to allege that he had provided written notice
The Honorable Laurie Smith Camp, United States District Judge for the1
District of Nebraska.
-- 1 of 2 --
to the EPA of his intent to sue, as CERCLA requires, see 42 U.S.C. § 9659(a)(2),
even after he was allowed to amend his complaint to cure this defect. Accordingly,
the judgment of the district court is affirmed.
______________________________
-2-
-- 2 of 2 --
