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Nye Frank on 15 Jul 10This is Google's cache of http://www.twhlaw.com/news_and_articles/feature-article-one.html. It is a snapshot of the page as it appeared on Jul 8, 2010 20:12:35 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese search terms are highlighted: court mathews v eldridge 1976 established balancing test determine process due rejected argument pre deprivation hearing any adverse action cause significant instead once determined will These terms only appear in links pointing to this page: goldberg requires time govt threatens harm action Home Practice Areas Attorneys News & Articles Contact News & Articles 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 More News and Articles 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 -
Nye Frank on 15 Jul 10Saved! with statutory regulations. All agencies subject to the authority of an APA must follow its specific rulemaking procedures.4 APAs Final.pub (Read-Only) Download (371K) Print (4 pages)Plain HTMLSave in Google Docs Loading... 1 / 4 No matches found 1 2 3 4 http://docs.google.com/viewer?a=v&q=cache:g_zo7rPqvNMJ:www.njdc.info/pdf/factsheetAPAs.pdf+Administrative+Procedure+Act+satisfies+due+process&hl=en&gl=us&pid=bl&srcid=ADGEESi9mt2etbezUkZukBtfimqFhOn8GDl9zowdLVWcKioBxtsL-G2lqK_YFUXAcQgr0yIboG0JPxIeBS598me1TYm-w4bBcMUjbJ339GeEZ_pL1YXVSawQlJ-hPdJvhOxBDCMESPMd&sig=AHIEtbRidhbCw3FedkVoRmxAD21BDjqWRg
