ELR Citation: ELR 20315
No(s). 87-2411-S (D. Kan. Nov 18, 1987)

The court approves stipulations entered into by plaintiffs and the Environmental Protection Agency in plaintiffs' challenge to EPA's application of its 1985 off-site policy and §121(d)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The stipulations provide that plaintiffs will prepare a work plan for a facilitywide Resource Conservation and Recovery Act facility investigation (RFI), the parties will negotiate a scope of work program for the RFI and a consent decree to settle plaintiffs' request for preliminary injunctive relief, the corrective action provisions of the consent decree will be proposed as a modification to the draft Part B permit pending for plaintiffs' facility, and plaintiffs' facility is eligible to receive wastes under the off-site policy and CERCLA §121(d)(3).

[A previous decision in this litigation appears at 18 ELR 20307.]

Counsel are listed at 18 ELR 20307.