ELR Citation: ELR 21018
No(s). 83-642 C(2) (E.D. Mo. Jun 10, 1985)

The court issues a protective order concerning production of soil samples allegedly contaminated with dioxin, and holds that the Environmental Protection Agency (EPA) need not produce soil samples sought by defendants, unless defendants agree to make the results of their analysis available to EPA. Syntex defendant seeks portions of soil collected by EPA in order to test the samples for dioxin. The court rules that absent compelling circumstances, a private litigant has no right to test samples secured by EPA. Private litigants may use procedures outlined in Federal Rule of Civil Procedure 34 to collect and test their own soils samples. However, when EPA has sufficient samples, and when the private litigant will pay costs, it is preferable to allow the private party to use the EPA-collected samples. The court goes on to hold, however, the EPA may condition such use upon the requirement that the private party turn over to EPA its testing results.

[Related cases appear at 14 ELR 20212 & 20265 and 15 ELR 20210 & 20346.]

Counsel are listed at 15 ELR 20210.