Extract to table

Overview of the Four Sites and Anticipated Dispute Areas To properly evaluate the dispute resolution mechanism, it is essential to understand the nature and complexity of the remediation obligations at each of the four sites, as these obligations will generate the substantive disputes that the mechanism must resolve

E below, the monitor's determinations may themselves become subjects of dispute, and the dispute resolution mechanism must account for this possibility

D below, the dispute resolution mechanism must clearly define the role of state co-plaintiffs in disputes — including whether states have independent dispute-initiation authority or must act through the United States — and must provide for coordination among the governmental parties to prevent inconsistent outcomes

Any dispute raised by a state co-plaintiff must first be joined by the United States (acting through EPA or DOJ) before it may proceed through the dispute resolution mechanism

Alternatively, if a state co-plaintiff seeks to raise a dispute that the United States declines to join, the state must channel the dispute through a separate Tier 1 process with TMC, and any resulting EPA decision at Tier 2 must be coordinated with the United States' position

C below, but should also be addressed at the Tier 2 level to prevent the government from arguing that the mere issuance of an EPA decision establishes a baseline of correctness that TMC must overcome