Environmental -- 2002



United States v. Power Engineering Company   (10th Circuit)

Overfiling

The NAM supported a challenge to a district court ruling that allowed the EPA to "overfile," or bring a separate enforcement action under the Resource Conservation and Recovery Act (RCRA) against a company already being prosecuted by the Colorado Dept. of Public Health and the Environment. Other courts of appeals have taken the NAM’s position that such overfiling is illegal. The NAM's brief was filed on 9/17/01 with the American Iron and Steel Institute, the American Petroleum Institute, the Chamber of Commerce of the United States, the Environmental Federal of Oklahoma, the Michigan Manufacturers Association and the Western States Petroleum Association. On 9/4/02, the court affirmed, ruling that EPA's interpretation of RCRA is "not unreasonable."