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U.S. District Court for the District of Kansas

Case Status

Decided

Docket Number

05-2328

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Case Updates

Federal district court addresses CERCLA and environmental cleanup

May 26, 2006

The district court rejected the government’s motion to dismiss this implied contribution claim and permitted Raytheon’s effort to recover costs from the government to go forward.

U.S. Chamber files amicus brief

February 24, 2006

The Environmental Protection Agency (EPA) issued a unilateral administrative order (UAO) requiring Raytheon to clean up toxic pollutants at an airport in Kansas previously owned and operated by the United States military. The federal government contends that the issuance of this order eliminated Raytheon’s right to seek contributions from the federal government, which allegedly dumped the pollutants. In its brief, NCLC argued that the lack of meaningful judicial review renders the UAO void as a violation of due process, and that the EPA has other methods of ensuring that a private party clean up a polluted site.

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