RECENT FEDERAL DECISIONS

May 2009

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District Court Holds EPA’s Issuance of Unilateral Orders to Address ‘Imminent Endangerment’ Pursuant to CERCLA Section 106 Does Not Violate Due Process
General Electric Company v. Jackson, ___F. Supp.2d___

The U.S. District Court for the District of Columbia held that the U.S. Environmental Protection Agency’s (EPA) issuance of unilateral administrative orders (UAOs) pursuant to § 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) did not violate plaintiff General Electric’s (GE) due process rights.