Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 2U.S. Environmental Protection Agency, 1985 |
From inside the book
Results 1-5 of 95
Page 25
... discussed later ) , the presid- ing officer directed the Region to " seriously consider a re - evaluation of the permit in the light of the two years of data that it now has at its disposal and * * * perhaps eliminate the limitations ...
... discussed later ) , the presid- ing officer directed the Region to " seriously consider a re - evaluation of the permit in the light of the two years of data that it now has at its disposal and * * * perhaps eliminate the limitations ...
Page 46
... discussed the merits of Koppers ' scientific arguments in this regard at some length . ( Initial Decision , pp . 9-16 . ) He concluded that the waste in question was hazardous as a matter of law since it was listed as such in 40 CFR ...
... discussed the merits of Koppers ' scientific arguments in this regard at some length . ( Initial Decision , pp . 9-16 . ) He concluded that the waste in question was hazardous as a matter of law since it was listed as such in 40 CFR ...
Page 56
... discussed at length later in this decision . 6 Present at the adjoining day care center at the time of the spraying were five young children between the ages of two and six and approximately fifteen adult women . Four of the adults were ...
... discussed at length later in this decision . 6 Present at the adjoining day care center at the time of the spraying were five young children between the ages of two and six and approximately fifteen adult women . Four of the adults were ...
Page 60
... discussed at some length , i.e. , " prevailing party " status and lack of substantial justification or special circumstances which would otherwise make an award of attorney's fees unjust . Accordingly , Reabe's second argu- ment is ...
... discussed at some length , i.e. , " prevailing party " status and lack of substantial justification or special circumstances which would otherwise make an award of attorney's fees unjust . Accordingly , Reabe's second argu- ment is ...
Page 72
... discussed , 40 CFR § 124.76 ( 1984 ) prohibits a party from raising any issue during an evidentiary hear- ing on a permit which was not previously raised during the comment period on the draft permit , unless good cause exists for the ...
... discussed , 40 CFR § 124.76 ( 1984 ) prohibits a party from raising any issue during an evidentiary hear- ing on a permit which was not previously raised during the comment period on the draft permit , unless good cause exists for the ...
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Common terms and phrases
9th Cir Administrative Law Judge Agency's argues assessed authority BACT cancellation Chemical Chief Judicial Officer Ciba-Geigy civil penalty Clean Water Act complaint compliance conclusion Corp D.C.Cir denial denied diazinon dicofol dinoseb discharge effect effluent limitations emission Environmental Protection Agency EPA Ex EPA Region EPA's evidence evidentiary hearing F.Supp facility Federal FIFRA filed groundwater groundwater monitoring guidelines hazardous waste Initial Decision injection issue matter McDonald McDonald's ment notice NPDES Appeal NPDES permit operation parties Penalty Policy permit application permit conditions permit decision pesticide petition for review Petitioners pollutants presiding officer presiding officer's proceeding Protection Agency Opinion pursuant to 40 RCRA Appeal reasons record Region IX Regional Administrator registration regulations remand request requirements Respondent Respondent's risk Rohm and Haas Ronald L rules Sandoz Section Senoret sodium arsenate tion toxicity U.S. Environmental Protection violation water quality standards
Popular passages
Page 385 - The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.
Page 898 - disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (4) The term "Federal agency...
Page 177 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.
Page 12 - When a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search. The situation is instinct with coercion — albeit colorably lawful coercion. Where there is coercion there cannot be consent.
Page 391 - On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule.
Page 178 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings...
Page 381 - When an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose.
Page 360 - ... reasons (including the factual basis) therefor, and that, unless the applicant corrects the conditions and notifies the Administrator thereof during the 30-day period beginning with the day after the date on which the applicant receives the notice, the Administrator may refuse to register the pesticide. Whenever the Administrator refuses to register a pesticide, he shall notify the applicant of his decision and of his reasons (including the factual basis) therefor. The Administrator shall promptly...
Page 367 - Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an "agency action") is not likely to jeopardize the continued existence of any endangered species...
Page 316 - Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.