ELR Citation: ELR 20002
No(s). s. LR-C-80-109, -110 (E.D. Ark. Jul 18, 1984)

Implementing the dispute resolution mechanism established by a consent decree in a Resource Conservation and Recovery Act and Federal Water Pollution Control Act imminent hazard case, the court rules that defendants' proposed cleanup actions are superior to those of the Environmental Protection Agency (EPA) in terms of safety and cost effectiveness and approves them. The court finds that EPA's alternative, which entails digging up buried wastes that currently are unlikely to leak, is not only more expensive, but more likely to endanger the public health. It holds that the cost recovery claim in EPA's proposed amended complaint was satisfied and merged into the consent agreement and is moot in light of the court's acceptance of defendant's cleanup plan. The court declines to award fees and costs to defendants, however, but orders them to implement their remedial plan.

[A previous ruling in the case appears at 10 ELR 20709.]

Counsel for Plaintiffs
Reed W. Neuman, Anne Gallis
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5266

Douglas Chavis, Ass't U.S. Attorney
P.O. Box 1229, Little Rock AR 72203
(501) 378-5342

Cheryl J. Terai, Phil Deisch, Ellen Carpenter
Department of Pollution Control and Ecology
8001 National Dr., Little Rock AR 72219
(501) 562-7444

Counsel for Defendants
David Allan Gates
Mitchell, Williams, Selig, Jackson & Tucker
1000 Saveres Fed. Bldg., Capitol Ave. at Spring St., Little Rock AR 72201
(501) 376-3151

Alston Jennings
Wright, Lindsey & Jennings
2200 Worthen Bank Bldg., Little Rock AR 72201
(501) 371-0808