ELR Citation: ELR 20099
No(s). 03-5132 (6th Cir. Sep 21, 2004)

The Sixth Circuit affirmed a lower court summary judgment decision and consequent imposition of approximately $1.9 million in civil penalties against an individual for failing to adequately respond to the U.S. Environmental Protection Agency's request for information under §104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The request was valid, the individual was not exempt from compliance with the request, and the request was not barred by res judicata. In addition, the civil penalty was proper, and CERCLA §104 does not violate the Fifth Amendment's Due Process Clause.

[A prior decision in this litigation is digested at 33 ELR 20134]