Court Seeks EPA Response To CERCLA Financial Assurance Rules' Petition

摘要

A federal appellate court has ordered EPA to respond to a mandamus petition by environmentalists who are seeking a court mandate to require the agency to finalize long-stalled Superfund financial assurance rules for several industry sectors, moving the litigation past its first hurdle. The move to require an EPA response signals the court sees some merit to the petition and means the environmental groups have "made a threshold showing" that there is a "real problem here," says an attorney with Earthjustice, which is representing the petitioners. It is "good news that the court is taking this seriously" because EPA is abdicating its responsibilities, the attorney alleges. Courts frequently deny petitions for writ of mandamus, the source explains.