In re County of Bergen

Case Number
Nos. RCRA-02-2001-7110; RCRA-02-2001-7108
Citation
32 ELR 47283
Court
EPA ALJ

An administrative law judge (ALJ) granted in part and denied in part the U.S. Environmental Protection Agency's (EPA's) motion to strike five of six affirmative defenses and all three cross-claims raised by a county that allegedly violated the Resource Conservation and Recovery Act (RCRA) and state law. The ALJ first notes that motions to strike are generally disfavored because they are a drastic sanction and are often employed as a delay tactic.