Application of EPA's Municipal Settlement Policy in the Wake of the AlliedSignal Decision
Editors' Summary: The Municipal Settlement Policy, an EPA guidance that addresses CERCLA settlements with municipalities that owned co-disposal landfills or were generators or transporters of waste disposed of at such sites, has been the subject of considerable opposition from industry groups. Although a federal district court rejected a facial challenge to the policy based on EPA's statements that it did not intend to apply it inflexibly, in the first decision examining the policy "as applied" a district court recently rejected the proposed settlement.