Burke v. Environmental Protection Agency

Paul Burke (plaintiff) was president of ACMAR Regional Landfill, Inc. (ACMAR) and majority shareholder of ACMAR Landfill, a partnership (the partnership). ACMAR received a permit to dispose of waste within a specific parcel of land and was permitted to release stormwater runoff into an adjacent creek as long as it did not contain leachate, a liquid by-product of waste. ACMAR was found to have discharged leachate into the creek, and Burke pled guilty to negligently discharging leachate in violation of the Clean Water Act. Burke’s plea agreement contained significant conditions, including prison time and a large fine, which would be discharged if he ended his relationship with ACMAR, so Burke sold ACMAR. Burke was then debarred by the Environmental Protection Agency (EPA) from contracting with the federal government and from engaging other federal benefits and programs for a period of five years. The decision found that Burke’s criminal conviction was sufficient cause for debarment and the length of debarment was appropriate. The decision also held that Burke’s conviction provided grounds for debarment because his misconduct was reasonably connected to his business integrity. Burke’s professional noncompliance had created significant danger to the environment and human health. The EPA further determined that the mitigating factors argued by Burke did not outweigh the circumstances of his conviction, which would have eliminated the need for debarment. Burke appealed and moved for summary judgment, arguing that the debarment decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law.