Sixth Circuit Declines To Broaden Landmark TVA Ruling To Superfund

September 23, 2004
The Sixth Circuit Court of Appeals has declined to expand to the Superfund law the application of a landmark decision in which the 11th Circuit invalidated on constitutional due process grounds administrative penalties EPA levied under the Clean Air Act. In Gurley v. United States , the Sixth Circuit ruled that the 11th Circuit's landmark decision in Tennessee Valley Authority (TVA) v. Whitman did not apply to Superfund law provisions allowing EPA to collect penalties when a defendant fails to...

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