1 This complaint was
originally filed under CERCLA as well as the Toxic Substances Control Act (TSCA), 15 U.S.C.
§2622 (1988), Solid Waste Disposal Act (SWDA), 42 U.S.C. §6971 (1988), and Water
Pollution Control Act (WPCA), 33 U.S.C. §1367 (1988). On May 9, 1997, the ALJ issued an
Order Denying Summary Dismissal finding that Complainant's actions could be deemed protected
activity only under CERCLA and limited the scope of discovery as well as the evidence at the hearing
to CERCLA. Complainant has not challenged the dismissal of his TSCA, SWDA, and WPCA claims.
Therefore, this order is granted pursuant only to Complainant's surviving claim under CERCLA.