Administrative Law Keyed to Lawson
Chemical Waste Management, Inc. v. United States E.P.A
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In the Hazardous and Solid Waste Amendments of 1984, Congress issued a new Section:3008(h) authorizing the Administrator of the EPA to issue an order requiring corrective action whenever he determined there had been a release of hazardous material into the environment. Section:3008(b) was also modified to make it clear that those subject to corrective action orders would have a right to a “public hearing.” The EPA promulgated procedural regulations to govern the Section:3008(h) hearings, which provided that the formal adjudicatory procedures of Part 22 would only be applicable to challenges to corrective action orders that included a suspension or revocation of interim status or an assessment of civil penalties for noncompliance. If the order was merely to investigate or to do so with interim corrective measures, then the agency was to use the informal adjudicatory procedures set forth under Part 24. The Petitioners argued that the informal procedures of Part 24 were inconsistent with the intent of Congress in enacting and amending Section:3008, and that formal hearings were required.
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