Abstract
A LENGTHY COURT FIGHT by General Electric to get the Environmental Protection Agency to change how it compels companies to pay for cleanups at Superfund waste sites has ended in disappointment for the company. The U.S. Court of Appeals for the District of Columbia Circuit ruled on June 29 that it is constitutional and legal for EPA to issue “unilateral administrative orders” for the site cleanups. For 10 years, GE had argued that a provision in the Comprehensive Environmental Response, Compensation & Liability Act, or the Superfund law, gives EPA too much power to force companies to pay for cleanup of abandoned waste sites. The lawsuit, filed in 2000, alleged that one provision of the law, Section 106, violates the Fifth Amendment of the U.S. Constitution by taking away a person’s “property” without adequate procedural safeguards. This provision, GE alleged, lets EPA issue unilateral administrative orders (UAOs) to a company for Superfund cleanups but does ...
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