9th Circuit Ruling Limits Deference Given States In Superfund Settlements

摘要

A federal appellate court in a 2-1 decision has ruled that Superfund consent decrees entered by state environmental agencies should not be given the same deference by courts as those reached by EPA, triggering the dissenting judge to warn the ruling will hinder states' ability to enter into such settlements and "vastly" expand the amount of scrutiny courts must give those settlements. The U.S. Court of Appeals for the 9th Circuit Aug. 1 ruled in Arizona v. Raytheon Co. that while a district court can give some deference to a state agency regarding environmental issues underlying a Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) consent decree, the state agency "is not entitled to deference, however, concerning its interpretation of CERCLA's mandate." Furthermore, the court found that the district court abdicated its responsibility to independently review the CERCLA consent decrees at issue.