RECENT FEDERAL DECISIONS

January 2004

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District Court Affirms Administrative Judge’s Refusal to Consider PRP’s Evidence and Grants EPA Pre-Judgment Interest and Potentially Court Costs
Titan Wheel Corporation of Iowa v. U.S. Environmental Protection Agency

On November 10, 2003 the federal District Court for the District of Iowa upheld penalties assessed by the U.S. Environmental Protection Agency (EPA), under the Resource Conservation and Recovery Act (RCRA), against a hazardous waste generator. In so doing, the court found EPA’s assessment neither capricious, arbitrary nor excessive, and its decision implicity supports the tremendous discretion provided to the Administrative Law Judge (ALJ) in the conduct of administrative proceedings below.