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With all the recent attention being focused on the Obama administration's attempt at immigration reform many people have forgot that Congress also has an immigration reform bill in the works that is very much in line with George Bush's plan of amnesty for illegals along with more social welfare components.
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05/25/2010
Environmental Pitfalls for the Non-Environmental Lawyer.
09/ 1/2009
GE's Constitutional Challenges to the UAO Regime Rejected By D.C. District Court
08/ 1/2009
Clean Water Act Jurisdiction Over Excavation Activities: The "Tulloch Rule" Revised
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GE's Constitutional Challenges to the UAO Regime Rejected By D.C. District Court
The UAO Regime
Under CERCLA, EPA has two primary methods to effectuate hazardous waste cleanup: (1) it can perform the cleanup itself-paying for the cleanup out of the "Superfund"-and then seek cleanup costs from responsible parties; or (2) it can compel PRPs to perform the cleanup. See 42 U.S.C. §§ 9606(a), 9607(a)(4)(A) (For convenience CERCLA §§ 106(a), 107(a)(4)(A)). In using the latter option, EPA may seek either an order from a federal court compelling a PRP to cleanup the site, or it may issue a UAO ordering the PRP to perform the cleanup upon a finding that "there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of hazardous substances from a facility." Id. § 106(a). 10 The UAO is one of EPA's most useful-and, perhaps, coercive-tools to effectuate cleanup of sites contaminated with hazardous substances. Upon issuance of the UAO, PRPs have