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In re Duncan Petroleum Corp.

10/21/2005
Case Number: 
No. RCRA-03-2004-0004
ELR Citation:35 ELR 47863

An administrative law judge (ALJ) denied the U.S. Environmental Protection Agency's (EPA's) motion for discovery and motion in limine. In these motions, EPA sought to clarify the respondent's liability for alleged violations of underground storage tank regulations under the Resource Conservation and Recovery Act (RCRA) and also sought to bar the respondent from introducing into evidence any of the information sought by the motion for discovery for which the respondent failed to provide discovery. The respondent countered that this broad discovery would be extremely burdensome for a small company and would unreasonably delay the proceeding. The court directed both parties to carefully review their witness summaries and supplement them if necessary.