United States DC Circuit

In an action challenging the constitutionality of a statutory scheme that authorized the Environmental Protection Agency to issue orders, known as unilateral administrative orders (UAOs), directing companies and others to clean up hazardous waste for which they were responsible, summary judgment for defendant is affirmed where, to the extent the UAO regime implicated constitutionally protected property interests by imposing compliance costs and threatening fines and punitive damages, it satisfied due process because UAO recipients could obtain a pre-deprivation hearing by refusing to comply and forcing EPA to sue in federal court.

Appellate Information

• Argued 05/18/2010
• Decided 06/29/2010
• Published 06/29/2010

Judges

• David Tatel

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips, Sambhav N. Sankar