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Challenge To Superfund Law Dismissed

Bad Credit Credit Creditres A federal judge removed a potential obstacle to the dredging of PCBs from New York's Hudson River when he dismissed a lawsuit by General Electric Co. challenging the 1980 Superfund toxic waste cleanup law.

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Bad Consolidation Credit Debt U.S. District Judge John D. Bates said in a ruling issued late Monday that it was premature for GE to attack the constitutionality of the law before the $500 million dredging project was completed.

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Bad Company Credit Repair "Congress made a deliberate and reasoned choice to require judicial review, even of constitutional challenges, to await the completion of remediation or EPA enforcement action," Bates wrote.

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Bad Card Credit Credit The company filed its suit in November 2000, shortly before the Environmental Protection Agency announced an early plan for dredging PCB contaminated pockets along a 40-mile stretch of river north of Albany, N.Y.

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Bad Car Credit Loan The law has repeatedly been attacked by GE and other companies facing millions of dollars in hazardous waste cleanup costs as a burdensome system that produces more lawsuits than cleanups.

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Bad Credit Loan Mortgage Last year, the company told Bates in court that the law violates due process by giving federal regulators uncontrolled authority to order cleanups of unlimited scope without an opportunity for timely judicial review.

Auto Bad Credit Loan GE spokesman Mark Behan said Tuesday the company was still reviewing Bate's ruling to decide whether to appeal it.

Bad Credit Mortgage Refinance "Because there is an important constitutional principle involved, we had anticipated it might be decided at the appellate level," he said. As for the dredging project, he said, GE is "working constructively with EPA."

Bad Credit Refinance EPA officials were unavailable for comment.

Bad Credit Mortgage Second The lawsuit's dismissal should strengthen EPA's hand in designing the cleanup project, said Katherine Kennedy, a senior attorney in New York for Natural Resources Defense Council, which had filed a court brief to support EPA in the case.

Bad Credit Loan Student She called the lawsuit a brazen attempt to strike down an important enforcement tool.

Bad Card Credit "The judge kind of saw through the constitutional trappings and saw it for what it was, which was just an attempt to slow down the cleanup," Kennedy said. "The ruling sends a strong message to GE that legal tactics aren't going to get them out of this."

Bad Credit Financing GE plants released about 1.3 million pounds of PCBs, or polychlorinated biphenyls, into the river between 1946 and 1977, the year the federal government banned the substance. A 197-mile section of the river has since been declared a Superfund site.

Bad Credit Home Loan Mortgage The PCBs buried in river sediment are considered by EPA to be a probable carcinogen and a risk to people who eat fish from the Hudson.

Bad Credit Loan People Congress enacted the Superfund law after the Love Canal toxic waste scandal in the 1970s as a way to require polluters to pay for cleanups even if a site was sold or is no longer operating.

Bad Card Credit Credit People In its lawsuit, GE referred to three sites -- the Hudson River and former factories in Hoboken, N.J. and Milford, N.H. -- where it is involved in Superfund cleanups.

Bad Credit Guaranteed Loan Last month, EPA pushed back the start date for the five-year process of dredging PCBs from the Hudson River almost a year to spring 2006.

Bad Credit Refinancing By John Heilprin
Associated Press - 4/1/2003

Topic: SuperFund

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