Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 87
ENVIRONMENTAL LAW
Section
§ 87.01 Introduction
§ 87.02 Administrative Procedures Act Applies
§ 87.03 EPA Decisions Subject to Judicial Review
§ 87.04 Liability under Environmental Law
§ 87.05 Civil Liability
§ 87.06 Clean Water Act
§ 87.07 Resource Conservation and Recovery Act
§ 87.08 Hazardous Wastes
§ 87.09 --Comprehensive Environmental Response, Compensation
and Liability Act
§ 87.10 --Minnesota Environmental Response and Liability Act
§ 87.11 Toxic Substances Control Act
§ 87.12 --Federal Insecticide, Fungicide, and Rodenticide Act
§ 87.13 --Clean Air Act
§ 87.14 Practical Pointers
§ 87.01 Introduction
The Environmental Protection Agency (EPA) is the federal
administrative agency that operates under various environmental statutes.
All of the recent environmental laws are essentially codifications of the
common law of trespass, with enhanced remedies and extended
responsibility for harm. The EPA promulgates rules and enforces
compliance with the federal rules. The EPA is subject to the same rules
and laws as other federal agencies.
§ 87.02 Administrative Procedures Act Applies
The EPA must follow the Administrative Procedures Act for
rulemaking.1 The procedure may be both internal, that is, made within
the agency, or external, under which outside groups are given an
opportunity to present evidence and opinions.
§ 87.03 EPA Decisions Subject to Judicial Review
EPA decisions are subject to judicial review and apply in a court of
appeals. Traditional standards of review apply. The court will only
reverse an administrative decision that is arbitrary and capricious, not in
accordance with law, or unsupported by substantial evidence.2 Generally
courts have given great deference to the EPA's decisions, particularly
regarding technical matters.3
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis