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In re John A. Biewer Co. of Ohio, Inc.

04/30/2010

ELR Citation:40 ELR 47892

An EPA administrative law judge (ALJ) held that no penalty should be assessed against a company for RCRA violations. There was, in the view of the court, a complete dearth of documentary evidence or testimony on the part of EPA, and the Agency provided only pleadings. EPA therefore failed to meet its burden of evidence in determining an appropriate penalty. As for the company's request for reimbursement of legal fees for frivolous actions pursued by EPA, the ALJ determined "that any relief must await the [Environmental Appeal] Board’s determination of the availability of such relief in circumstances where EPA pursues litigation tactics when known to be meritless."