June 30

A federal appeals court has ruled against General Electric Co. in the company´s challenge of the U.S. Environmental Protection Agency´s issuance of unilateral administrative orders.

The company argued before the U.S. Court of Appeals for the District of Columbia that unilateral administrative orders -- which direct companies and others to clean up hazardous wastes -- violates the Constitution´s due process clause because the orders are issued without a hearing before a neutral decision maker, the court said.

But the court ruled the process satisfies due process because companies and others "may obtain a pre-deprivation hearing by refusing to comply and forcing EPA to sue in federal court."

General Electric has received at least 68 unilateral administrative orders over the years, according to the appeals court ruling, "and is currently participating in response actions at 79 active CERCLA (Superfund) sites where UAOs may issue."

Contact Waste & Recycling News senior reporter Jim Johnson at 937-964-1289 or jpjohnson@crain.com

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