ELR Citation: ELR 21204
No(s). s. 92-1312, -1314 (D.C. Cir. Jun 14, 1994)

The court denies the federal government's petition for rehearing of a case in which the court had vacated the U.S. Environmental Protection Agency's (EPA's) final rule defining the scope of lender liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court holds that courts, not EPA, are the designated adjudicators of the scope of CERCLA §107 liability. EPA is not authorized under CERCLA to issue substantive determinations that define under what circumstances a lender is to be deemed an "owner and operator of a vessel or facility." These issues are liability issues and, as such, are to be resolved in federal district court.

[The D.C. Circuit's prior decision in this litigation is published at 24 ELR 20511. Appellate briefs to this action are digested at ELR PEND. LIT. 66219, 66281, 66285, and 66332.]

Counsel for Petitioners
Theodore L. Garrett
Covington & Burling
1201 Pennsylvania Ave. NW, Washington DC 20044
(202) 662-6000

Counsel for Respondents
Bradley M. Campbell
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before: MIKVA, Chief Judge, SILBERMAN, and HENDERSON, Circuit Judges.