Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 9U.S. Environmental Protection Agency, 2000 |
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Page 33
... claims it stated by mistake in its applications for amended registration . This case is remanded to allow DuPont to submit its toxicity evidence and for the Presiding Officer to consider other evidence as to whether the labeling at ...
... claims it stated by mistake in its applications for amended registration . This case is remanded to allow DuPont to submit its toxicity evidence and for the Presiding Officer to consider other evidence as to whether the labeling at ...
Page 36
... claims made for it ; its labeling and other materials comply with FIFRA's requirements ; it will perform its intended purpose without unreasonable adverse effects on the environment ; and when used in accordance with common practice ...
... claims made for it ; its labeling and other materials comply with FIFRA's requirements ; it will perform its intended purpose without unreasonable adverse effects on the environment ; and when used in accordance with common practice ...
Page 73
... claims the benefits of an exception to the prohibition of a statute ' carries the burden of proving that it falls within the excep- tion . " In In re Standard Scrap Metal Co. , 3 E.A.D. 267 ( CJO 1990 ) , the Chief Judicial Officer ...
... claims the benefits of an exception to the prohibition of a statute ' carries the burden of proving that it falls within the excep- tion . " In In re Standard Scrap Metal Co. , 3 E.A.D. 267 ( CJO 1990 ) , the Chief Judicial Officer ...
Page 79
... Claim BWX raised an equitable estoppel claim in a brief filed with the Presiding Officer23 but no ruling on the claim was apparently issued . BWX raises the claim in its appeal brief filed with the Board , wherein it asserts that even ...
... Claim BWX raised an equitable estoppel claim in a brief filed with the Presiding Officer23 but no ruling on the claim was apparently issued . BWX raises the claim in its appeal brief filed with the Board , wherein it asserts that even ...
Page 80
... claim as an affirmative defense of equitable estoppel , 24 we deny the claim because even if the facts asserted by BWX are true , the company , in not alleging an essential element of equitable estoppel against a government entity , has ...
... claim as an affirmative defense of equitable estoppel , 24 we deny the claim because even if the facts asserted by BWX are true , the company , in not alleging an essential element of equitable estoppel against a government entity , has ...
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Common terms and phrases
accelerated decision adequately wet administrative Agency AIRX alleged analysis appeal applicable argues argument assessed ATSD BACT baghouse Bil-Dry Board Brief Chempace civil penalty Clean Air Act complaint Compliance Order contained Cumberland Unit denied determination draft permit drums DuPont emissions increase emissions limits Environmental EPA Enforcement Ex EPA's evidence evidentiary hearing facility failed federal FIFRA section filed Final Permit hazardous waste IDEM's Initial Decision issue John Sevier Knauf labeling liability MDEP ment Microban motion NPDES NSR Manual operation Penalty Policy Pepperell permit decision pesticide products petition for review petitioners physical changes pollutants Presiding Officer Presiding Officer's proposed PSD permit public comment period RCRA record Region registration regulations remand requirements Rogers SDI's SPCC Spitzer Squam River Sultan tanks testimony Tifa tion TVA's U.S. EPA Union Pet'n violation
Popular passages
Page 76 - When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
Page 342 - Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented.
Page 153 - When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter, for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.
Page 53 - UNREASONABLE ADVERSE EFFECTS ON THE ENVIRONMENT. — The term "unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.
Page 290 - ... any adverse environmental effects which cannot be avoided should the proposal be implemented, - alternatives to the proposed action, - the relationship between local short-term uses of man's environment and the maintenance and enhancement of longterm productivity, and - any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.
Page 343 - A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question.
Page 74 - If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
Page 598 - ... (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Page 239 - Any national secondary ambient air quality standard prescribed, under subsection (a) shall specify a level of air quality the attainment and maintenance of which in the judgment of the Administrator, based on such criteria, is requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air.
Page 132 - In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.