COURT STRIKES DOWN EPA AUTHORITY TO 'OVERFILE' ENFORCEMENT CASES

A U.S. district Court Judge this week delivered a stunning blow to EPA's enforcement program, ruling that the agency could not "overfile" enforcement cases that had already been adjudicated by state environmental agencies. In general, the judge overruled an Environmental Appeals Board ruling and held that EPA and state agencies share a common interest and therefore EPA cannot take action in instances where a case has been resolved by state authorities, even if EPA is unsatisfied with the action taken...