ELR Citation: ELR 20225
No(s). 1:97-CV-909 (FJS/RWS) (N.D.N.Y. Sep 27, 2001)

The court holds that a paper and pulp company unreasonably failed to provide a timely response to a U.S. Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §104(e) information request regarding the identification, nature, quantity, generation, and release of certain substances at a company mill in New York. CERCLA §104(e) requires a party subject to an information request to respond within 30 days. The company did not respond for 97 days and did not make the requested documentary submissions until 895 days past the response deadline. The court first holds that the company's proffered justifications for the late response are unavailing since they involve issues of everyday business such as staff attrition, a financial crisis, and offices in different parts of the country. The court next holds that the company's argument that precedent indicates that its actions were not unreasonable per se is irrelevant because the court need not find that the company's noncompliance was unreasonable per se as a prerequisite to imposing liability. Rather, the court need only identify that the company unreasonably failed to comply with an EPA information request. Here, the company's conduct was unreasonable. The court further holds that the company's failure to respond to EPA's request completely and accurately for several years after the deadline was unreasonable based on the nature and duration of the delay. The court finally holds that the company unreasonably failed to supplement its initial response to the information request. Therefore, the court grants the government's motion for summary judgment, finds the company liable for violating CERCLA §104(e), and orders the company's compliance with any further information request.

Counsel for Plaintiff
Steven A. Keller
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendant
Richard G. Leland
Rosenman & Colin
575 Madison Ave., New York NY 10022
(212) 940-8800

Scullin, J.: