Quimbee logo
DMCA.com Protection Status

Kelley v. Environmental Protection Agency

15 F.3d 1100 (1994)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Kelley v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit

15 F.3d 1100 (1994)

Facts

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) allowed private parties and the United States Environmental Protection Agency (EPA) (defendant) to bring civil actions against owners and operators of hazardous-waste sites to recover cleanup costs. Section 107 of CERCLA, which defined who may be liable for cleanup costs, provided that a secured creditor was exempt from liability as an owner or operator as long as the creditor did not participate in the management of the site. Uncertainty as to the scope of the exemption and the level of management required for liability chilled lenders from foreclosing on properties, issuing loans, or using certain properties as collateral. The EPA urged Congress to clarify the liability provision, but the effort failed. The EPA then issued a regulation with a framework of tests for determining whether a lender may be liable under CERCLA, including a list of actions a lender could take without incurring liability. A petition for review of the regulation was brought in the United States Court of Appeals for the District of Columbia Circuit by Michigan and the Chemical Manufacturer Association (plaintiffs), who, as potential CERCLA litigants, did not want limits on their ability to sue lenders. The potential CERCLA litigants asserted that the EPA did not have the authority to define lender liability under CERCLA, that only federal courts could determine liability, and that the regulation was contrary to the plain language of CERCLA. The EPA countered that Congress’s intent to delegate authority to the EPA to define § 107 liability was evident in several provisions of CERCLA giving the EPA general authority to implement CERCLA, seek enforcement, and determine the responsibilities of private parties. Alternatively, the EPA argued that the regulation was an interpretive rule that was entitled to deference from the courts.

Rule of Law

Issue

Holding and Reasoning (Silberman, J.)

Dissent (Mikva, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership