ELR Citation: ELR 21024
No(s). C88-0087C (W.D. Wash. Jun 2, 1988)

The court holds that review of an administrative order issued by the Environmental Protection Agency (EPA) under §3013 of the Resource Conservation and Recovery Act (RCRA) requiring the operator of a lead fabrication plant to submit a proposal for monitoring and analysis of soils and groundwater is limited to the administrative record, and EPA's decision to issue the order was not arbitrary and capricious. The court first holds that judicial review is limited to the administrative record. None of the exceptions to record review applies and the materials defendant wishes to admit to supplement the record are not relevant to whether EPA's decision to issue the order was arbitrary and capricious. The court holds that EPA is entitled to summary judgment on liability. The EPA official who issued the order was acting within his authority. EPA's decision to issue the order was not arbitrary and capricious, since EPA established that there may be a substantial danger to human health or the environment from the high levels of hazardous waste at the facility. Finally, EPA followed the proper procedures in issuing the order.

Counsel for Plaintiff
Peter Mounsey
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5268

Counsel for Defendant
Leslie Nellermoe
2400 4th & Blanchard Bldg., Seattle WA 98121
(206) 728-6900