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In re E.I. du Pont de Nemours

11/19/2004

ELR Citation:35 ELR 47850

An administrative law judge (ALJ) denied a corporation's motion to defer EPA's motion for leave to amend Count III in which it claimed that the corporation violated its Resource Conservation and Recovery Act (RCRA) permit. The ALJ granted EPA's motion to amend its prior complaint, thereby conforming the complaint to EPA's new legal theory on Count III, which previously alleged that DuPont violated its RCRA permit by failing to provide the blood sampling information concerning the transplacental movement of perfluorooctanoic acid (PFOA) in humans, and correcting technical error regarding the name of the chemical at issue in this matter. The new legal theory on Count III alleged that PFOA is a hazardous waste under RCRA.