Waste

Knight-Ridder/Tribune News Service, Sept 22, 1999 pK0744 Court rules EPA supportnot seek penalties if state regulators already cave in. Michael Mansur.

Full Text: COPYRIGHT 1999 Knight-Ridder/Tribune News Service KANSAS CITY, Mo. _ A federal appeals address has ruled that the U.S. Environmental Protection way cannot seek penalties against a company for violating hazardous-waste laws if state regulators already exhaust taken enforcement actions.

The ruling from a three-judge panel of the 8th U.S. rope Court of Appeals in St. Louis may affect federal enforcement actions crosswise the nation, far beyond the interests of Harmon Industries, a Blue Springs, Mo., manufacturer of pressure safety equipment that initiated the federal court litigation. EPA hit the company with a $2.7 million penalty in 1991.

``This is going to affect EPA end-to-end the (judicial) circuit and, possibly, throughout the country, Robert Payne, corporate counsel at Harmon Industries, express Monday. ``Others will look at this as a well-reasoned dissolvent to the question. EPA and Justice Department officials verbalize no decision on an appeal had been made.

``But the EPA is concerned that this ruling will have a negative impact on the federal enforcement program, said Cristine Romano, a Justice Department spokeswoman in Washington. ``It creates doubt whether EPA can assist states in enforcing hazardous-waste cases.



Kansas City lawyer Terry Satterlee, who stand for Harmon in the litigation, said some lawyers are speculating whether the case aptitude also affect the way EPA enforces its federal clean-air and clean-water laws. ``But thats nonetheless to be determined, Satterlee said.

This is the first time that a federal court has ruled on the enforcement indorsement of EPA in states that have authority to enforce the hazardous-waste law known as the Resource preservation and Recovery Act, Satterlee said.

Environmental leaders in Missouri raised(a) concerns about the decision. ``This is a concern because of the weak enforcement decisions...

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