Epa Orders Satisfy Due Process Rules, Court Holds In Rejecting Ge Arguments

摘要

A federal court Jan. 27 rejected a claim by General Electric Co. that the Environmental Protection Agency's administration of Section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act violates the due process clause of the Fifth Amendment (General Electric Co. v. EPA, D.D.C., No. 00-2855, 1/27/09).rnJudge John D. Bates, of the U.S. District Court for the District of Columbia, ruled in favor of EPA and against GE on cross motions for summary judgment, finding that of the 1,705 unilateral administrative orders (UAOs) issued by EPA since 1982, GE had only established five instances of EPA error.rnThe court ruled that GE failed to establish unconstitutional coercion under Ex parte Young, 209 U.S. 123 (1908), or unconstitutional deprivation of property or liberty under Mathews v. Eldridge, 424 U.S. 319 (1976), resulting in no due process violation by EPA in its administration of Section 106 of CERCLA.