EPA's Authority to Issue PRPs Unilateral Orders Affirmed

more+
less-

On June 7, 2011, the U.S. Supreme Court refused to hear the case of General Electric Co. v. U.S., ending a hard-fought battle between General Electric Company (GE) and the Environmental Protection Agency (EPA). For the past 10 years, GE challenged the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as unconstitutional. Specifically, GE claimed the EPA violates due process requirements when it issues a unilateral administrative order to a potentially responsible party (PRP) under Section 106 of CERCLA requiring PRP cleanup of a contaminated site without providing an opportunity for a hearing. GE lost that claim most recently in the District of Columbia Circuit Court in 2010.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Wendel, Rosen, Black & Dean LLP | Attorney Advertising

Written by:

more+
less-

Wendel, Rosen, Black & Dean LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×