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United States v. Jobgen

Citation: 19 ELR 20897
No. No. 88-5104, 29 ERC 1527/(D.S.D., 02/27/1989)

The court holds that the former owner of a chrome plating facility that allegedly discharged hexavalent chromium into an underground aquifer relinquished his right to judicial review on the merits of the Environmental Protection Agency's (EPA's) order, pursuant to § 3013 of the Resource Conservation and Recovery Act, when he voluntarily complied with the order by submitting a written plan for the sampling, analysis, monitoring, and reporting of the hazardous wastes. The former owner could have challenged the validity of the order if EPA commenced an enforcement action for failure to comply. The court notes that where a party challenges an order, the burden rests with EPA to show that the challenging party lacks an objectively reasonable belief in the validity or applicability of a cleanup order.

Counsel for Plaintiff
Lawrence E. Blatnik
Environmental Defense Section
U.S. Department of Justice, P.O. Box 23986, Washington DC 20026-3938
(202) 633-2338

Counsel for Defendant
Frank Driscoll
Gunderson, Farrar, Aldrich & DeMersseman
516 Fifth St., P.O. Box 1820, Rapid City SD 57709-1820
(605) 342-2814