EPA CAN LEVY UST PENALTIES AGAINST DOD, JUSTICE DEPARTMENT SAYS

Federal law clearly gives EPA the authority to levy penalties against the Defense Department for underground storage tank (UST) violations of the Resource Conservation & Recovery Act (RCRA), the Justice Department says in a long-awaited opinion issued last week. DOJ's Office of Legal Counsel issued an opinion June 14, responding to a dispute over whether EPA has authority to issue fines and penalties. "A straightforward reading of RCRA's statutory text and the relevant legislative history leads us to conclude that...