U.S. Chamber of
Commerce asks court to order feds to share cleanup cost
Feb. 27The U.S. Chamber of Commerce is
calling on the federal government to pay "its fair share" to clean up
sites contaminated with toxic waste.
National Chamber Litigation Center -- a law firm representing the
chamber -- filed a brief Feb. 24 in a federal court in Kansas asking the
court to order the federal government to pay its "fair share" of
environmental cleanup costs.
The friend of the court brief was filed in the case of Raytheon
Aircraft Co. v. the United States. In the case, the Environmental
Protection Agency issued an administrative order requiring Raytheon to
clean up toxic pollutants at a Kansas airport owned and operated by the
U.S. military during World War II.
From 1948 to the present, the site has been used by a number of
companies for various purposes, according to the EPA. From 1950 to the
early 1960s, Beech Aircraft leased all four hangars and several other
buildings at the site, according to the EPA. In 1980, the Raytheon
Aircraft Co. acquired Beech.
The EPA said Beech used trichlorethylene and 1,2-dichloroethene on
the property. Those chemicals have been found in nearby groundwater.
However, the Chamber of Commerce contends that the U.S. government is at
least partly responsible for the contamination and should share in the
cleanup costs.
"Private parties will be forced to pay for the cleanup of
environmental damage caused by the federal government unless the courts
step in," said Robin Conrad, NCLC´s senior vice president.
The NCLC argued that a lack of meaningful judicial review should
render the EPA´s administrative order against Raytheon void as a
violation of due process.
Entire
contents copyright 2005 by Crain Communications Inc. All rights reserved. |