ELR Citation: ELR 20256
No(s). 10-11185 (D. Mass. Sep 15, 2010)

A district court granted EPA's motion for immediate access to contaminated property to conduct a removal action. The property owner denied access and argued that EPA's request is unreasonable because the property owner is conducting its own remedial actions at the site. But nothing in CERCLA requires EPA to wait for a property owner to conduct remedial action of its own design, at its own pace. Here, EPA's access to the site is authorized under CERCLA §104(e)(3), it requested access to the property from an authorized person, and the Agency has demonstrated a "reasonable basis to believe there may be a release or a threat of a release of a hazardous substance." In addition, EPA's request for access is not arbitrary or capricious, as the Agency made its request for access based on a plethora of information regarding an environmental threat at the property. EPA's motion for immediate access was therefore granted.