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In re In re Commonwealth Oil Ref. Co.

Citation: 17 ELR 20407
No. Nos. 85-2827, -2828, 805 F.2d 1175/25 ERC 1748/(5th Cir., 11/25/1986)

The court holds that an Environmental Protection Agency's (EPA's) Resource Conservation and Recovery Act (RCRA) §3008 action ordering compliance with federal and state environmental laws is exempt from the automatic stay provision of the Bankruptcy Reform Act and should not be stayed under §105 of the Act....

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