The opinion of the court was delivered by: O'NEILL, JR.
THOMAS N. O'NEILL, JR., UNITED STATES DISTRICT JUDGE
On March 31, 1989, the Environmental Protection Agency ("EPA") placed Boarhead Farms, a 118 acre parcel of land located in Bridgeton Township, Bucks County, Pennsylvania, on the National Priorities List ("NPL") of sites which may pose substantial risks to public health and welfare due to the presence of released hazardous substances, pollutants or contaminants. 40 C.F.R. Part 300, Appendix B. Plaintiff Boarhead Corporation, the owner of Boarhead Farms, filed the present action on July 10, 1989, against defendant Edwin B. Erickson, as regional administrator of the EPA, under the National Historic Preservation Act of 1966 ("NHPA"), 16 U.S.C. § 470 et seq. Plaintiff seeks an order striking Boarhead Farms from the NPL and staying all EPA activity with respect to Boarhead Farms until the EPA has complied with the NHPA, as well as damages for interference with plaintiff's right of quiet enjoyment of the property.
Defendant has moved to dismiss the complaint on the grounds that this Court lacks subject matter jurisdiction over plaintiff's claims, and that plaintiff's claims are not ripe. For the reasons that follow, I will grant defendant's motion.
Pursuant to Section 105 of CERCLA, the EPA revised and republished the National Contingency Plan ("NCP") establishing "procedures and standards for responding to releases of hazardous substances, pollutants, and contaminants." 42 U.S.C. § 9605(a). As part of the NCP, the EPA is required to compile and revise annually the NPL establishing "national priorities among the known releases or threatened releases throughout the United States." 42 U.S.C. § 9605 (a)(8)(B).
On June 24, 1988, the EPA proposed a revision of the NPL adding 229 sites, including Boarhead Farms, to the list. 53 Fed.Reg. 23,988, 23,996 (June 24, 1988).
On March 31, 1989, the EPA added 93 sites, including Boarhead Farms, to the NPL. 54 Fed. Reg. 13,296, 13,311 (March 31, 1989); Complaint, para. 10.
The EPA notified plaintiff on May 18, 1989 that it was deemed a potential responsible party relating to Boarhead Farms. Complaint, para. 11. The EPA's letter of May 18, 1989 stated that the EPA intended to conduct a remedial investigation/feasibility study ("RI/FS") of Boarhead Farms, and asked plaintiff to agree within fourteen days to participate in and fund the RI/FS and any required remedial actions. Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss, at 2. This letter also stated that Boarhead Farms could not be removed from the NPL until after completion of the RI/FS and of any remedial work the EPA determined to be necessary from the RI/FS. Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss, at 2.
According to plaintiff, the Boarhead Farms property contains "numerous stone walls and foundations dating from before 1900," as well as a residence constructed around the year 1710 which "retains many original and historic building elements." Complaint, para. 5. Plaintiff alleges that Boarhead Farms satisfies the requirements for listing in the National Register of Historic Places, as established pursuant to the NHPA. Complaint, para. 6.
As the Court of Appeals for the District of Columbia Circuit has observed, "Congress, acting within its constitutional powers, may freely choose the court in which judicial review may occur." City of Rochester v. Bond, 195 U.S. App. D.C. 345, 603 F.2d 927, 931 (D.C.Cir. 1979). Thus, "if there exists a special statutory review procedure, it is ordinarily supposed that Congress intended that procedure to be the exclusive means of obtaining judicial review in those cases to which it applies." Compensation Dept. of District Five, U.M.W. v. Marshall, 667 F.2d 336, 340 (3d Cir. 1981) (quoting City of Rochester, 603 F.2d at 931).
Congress has provided special statutory review procedures for judicial review of EPA actions under CERCLA. Regulations promulgated by the EPA under CERCLA, including the NPL, may be reviewed only by the Court of Appeals for the District of Columbia Circuit on application filed within 90 days of the regulations' promulgation.
U.S. Ecology, Inc. v. Carlson, 638 F. Supp. 513, 518-519 (C.D.Ill. 1986); D'Imperio v. United States, 575 F. Supp. 248, 254 (D.N.J. 1983) (holding that the NCP, including the NPL, is a "regulation" reviewable only in accordance with § 9613(a)). Under CERCLA's timing of review provision, federal courts have jurisdiction over challenges to EPA removal or remedial actions ...