The General Electric Company's petition for certiorari to the U.S. Supreme Court to challenge to the authority of EPA to issue CERLCA Section 106 Unilateral Administrative Orders without a prior hearing was denied on June 6.
Some of you will recall the seminal case of U.S. v. Rohm & Haas, 2 F.3d 1265 (3d Cir. 1993), which held that EPA could not collect EPA's oversight costs incurred in connection with CERCLA 106 Unilateral Orders. U.S. v. Rohm & Haas was later overruled by the Third Circuit in U.S. v. E.I. Dupont de Nemours and Co., Inc., 432 F.3d 161 (3d Cir. 2005).