ELR Citation: ELR 21463
No(s). 88-CV-71870-DT (E.D. Mich. Jun 20, 1989)

The court holds that a suit under the Federal Tort Claims Act by residents alleging that the Environmental Protection Agency (EPA) failed to warn and protect them from a site contaminated with polychlorinated biphenyls is barred by the Act's discretionary function exception. EPA's decisions involved matters of choice under the Toxic Substances Control Act (TSCA). EPA had broad discretion under TSCA in deciding when and how to investigate the site. EPA's enforcement decisions under TSCA involve social, economic, and political judgments that are meant to be shielded from liability.

Counsel for Plaintiffs
Donnelly W. Hadden
One Kennedy Sq., Ste. 2238, Detroit MI 48226
(313) 964-3535

Counsel for Defendant
Geneva Halliday, Ass't U.S. Attorney
817 Federal Bldg., 231 W. Lafayette, Detroit MI 48226
(313) 237-0400

Jay Tidmarsh
Civil Division
U.S. Department of Justice, P.O. Box 888, Ben Franklin Station, Washington DC 20044
(202) 724-9891