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United States v. Hardage

Citation: 19 ELR 20254
No. No. CIV-86-1401-P, 28 ERC 1485/(W.D. Okla., 09/09/1988) Motion to restrict review denied

The court holds that judicial review of the Environmental Protection Agency's selected remedy in an action under § 106 of the Comprehensive Environmental Response, Compensation, and Liability Act that was filed prior to the enactment of the Superfund Amendments and Reauthorization Act is not limited to the administrative record. The court affirms two previous rulings on this issue in this case, published at 17 ELR 20242 and 20741.

[Other opinions in this litigation are published at 17 ELR 20738 and 21082. An opinion in a related case is published at 13 ELR 20188.]

Counsel for Plaintiff
Steven K. Mullins, Ass't U.S. Attorney
4434 U.S. Courthouse & Federal Office Bldg., Oklahoma City OK 73102
(405) 213-5281

John R. Barker
Environmental Enforcement Section, Land and Natural Resources Division
Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington DC 20044
(202) 633-5273

Counsel for Defendant
Jeffrey N. Martin
Hunton & Williams
2000 Pennsylvania Ave. NW, P.O. Box 19230, Washington DC 20036
(202) 955-1500