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Whiplash
by Barbara Quinn
September 1, 2009

ARTICLE TOOLS
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When you look at some of the details, one has to scratch and wonder about what is really going on behind closed doors.


You could get whiplash trying to follow this trail.

  • On February 26, Lorraine Woellert reported on Bloomberg.com that the President's budget would increase funds for EPA by 34 percent, raising EPA spending from $7.8 billion to $10.5 billion. The budget proposal would also fill Superfund coffers with additional funds by restoring an excise tax on oil and chemical producers that had expired in 1995. ·

  • The same day, the U.S. District Court for the District of Columbia upheld the constitutionality of Section 106 of CERCLA. GE had initiated a multi-part constitutional challenge to CERCLA in 2000, starting a series of arguments, rulings, appeals and more arguments. By 2009, only the Section 106 challenge remained. GE argued that the Section violated the Constitution because the unilateral administrative process used by EPA under the Section represented a taking of private property without adequate notice or compensation. US District Court Judge John D. Bates rejected each of GE's arguments. ·

  • On May 12, President Obama announced his intention to nominate Ignacia S. Morena as Assistant Attorney General, Environment and Natural Resources Division, Department of Justice. Ms. Morena had most recently been Counsel, Corporate Environmental Programs at the General Electric Company. ·

  • On May 16, GE began Phase I of a planned 6-year Hudson River cleanup project. A 200-mile long stretch of the Hudson had been designated a Superfund site more than 25 years ago. PCBs had been discharged to the river from two GE capacitor manufacturing plants over a 30-year period. The first phase of the project involves dredging along a 6-mile section of the Hudson near Fort Edward, NY. ·

  • Dredging stops on August 7 because tests show high levels of PCBs in water downstream of the dredging site. EPA plans to restart dredging in increments, saying additional controls will be used at each dredging location to control spill-out of water from the dredge buckets. ·

  • On August 10, the Associated Press reports that the EPA estimates it will complete cleanups at 20 Superfund sites in 2009 and 22 sites in 2010. That compares with completed construction at 38 sites a year on average during the Bush administration. The reason given is inadequate funds. ·
  • GE resumes dredging on August 11.
There's more. Municipalities suing GE, the US Supreme Court redefining liability under CERCLA, ironies and "What?" Whiplash.


Barbara Quinn

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