Tue Oct 17th, On Environmental Law, by Bick Law LLP
In Emhart Industries, Inc., v. New England Container Company, Inc., 2017 Wl 3535003 (D. RI 2017), the U.S. District Court found the Environmental Protection Agency (“EPA”) remedy was arbitrary and capricious. Administrative Record Judicial review under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) is strictly limited to reviewing the administrative record to determine if EPA’s action was arbitrary and capricious, but the court ruled it could review EPA’s […]