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Chemical Waste Management, Inc. v. EPA

ELR Citation: 18 ELR 20315
Nos. No. 87-2411-S, 673 F. Supp. 1043/26 ERC 1875/(D. Kan., 11/18/1987) Stipulations entered

The court approves stipulations entered into by plaintiffs and the Environmental Protection Agency in plaintiffs' challenge to EPA's application of its 1985 off-site policy and §121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The stipulations provide that plaintiffs will prepare a work plan for a facilitywide Resource Conservation and Recovery Act facility investigation (RFI), the parties will negotiate a scope of work program for the RFI and a consent decree to settle plaintiffs' request for preliminary injunctive relief, the corrective action provisions of the consent decree will be proposed as a modification to the draft Part B permit pending for plaintiffs' facility, and plaintiffs' facility is eligible to receive wastes under the off-site policy and CERCLA §121(d)(3).

[A previous decision in this litigation appears at 18 ELR 20307.]

Counsel are listed at 18 ELR 20307.