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In re In re Stanley Plating Co.

Citation: 17 ELR 20157
No. No. H-86-50 (AHN), 637 F. Supp. 71/(D. Conn., 05/23/1986)

The court rules that a pending civil environmental enforcement action brought by the United States does not limit the Environmental Protection Agency's (EPA's) inspection authority under Resource Conservation and Recovery Act § 3007(a). The court rejects the argument of the operator of a hazardous waste facility that the pending civil action limits EPA to discovery procedures in the Federal Rules of Civil Procedure (FRCP). Distinguishing civil enforcement from criminal prosecution, the court reasons that RCRA contains no suggestion that § 3007 is abated when a civil action has begun. The purposes of the RCRA inspection and ordinary inspection under FRCP Rule 34(b) are different and may lead to separate enforcement actions.

Counsel for the United States
Leslie Ohta, Ass't U.S. Attorney
Fed'l Bldg., Rm. 250, 450 Main St., Hartford CT 06103
(203) 722-2570

Counsel for Stanley Plating
Robert B. Cohen
Cohen & Channin
363 Main St., Hartford CT 06106
(203) 549-6070