ELR Citation: ELR 20788
No(s). 82-1180 (4th Cir. Dec 27, 1982)

The Fourth Circuit affirms the district court's ruling, 12 ELR 20336, that the Environmental Protection Agency (EPA) had acted within its authority under the Toxic Substances Control Act in approving the dumping of polycholorinated biphenyls at a state landfill next to appellants' land. The district court had ruled that the nuisance claims against the dump were not ripe, as no dumping had yet occurred, and that there was no taking of property without compensation. The court of appeals notes that the validity of one EPA site-specification waiver, the constitutionality of a local hazardous waste landfill ban, and the feasibility of other disposal sites are no longer at issue. The court then adopts the district court's opinion as to all remaining issues litigated below.

Counsel for Appellants
Lewis A. Thompson III
Banzet, Banzet & Thompson
P.O. Box 535, Warrenton NC 27589
(919) 257-3166

Counsel for Appellees
Rufus I. Edmisten, Attorney General; William A. Raney Jr.
P.O. Box 629, Raleigh NC 27602
(919) 733-3377

Wendy B. Jacobs, Anthony C. Liotta, David T. Buente Jr., Anne S. Almy
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4010

Bryan, J., joined by Winter and Russell, JJ.