1st Circuit Upholds Superfund Site Settlement, Rejects ‘Arbitrary’ Label

February 19, 2021
A federal appeals court has rejected an attempt by third parties to invalidate a settlement between the federal government and two companies at a Rhode Island Superfund site, rejecting their claim that the pact was a rubber stamp of an earlier EPA order that a lower court’s landmark ruling partially rejected as “arbitrary and capricious.” The unanimous Feb. 17 decision in Emhart Industries, Inc., et al. v. U.S. Department of the Air Force, et al. by a panel of...

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