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United States v. Charles George Trucking Co., Inc.

682 F. Supp. 1260 (1988)

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United States v. Charles George Trucking Co., Inc.

United States District Court for the District of Massachusetts
682 F. Supp. 1260 (1988)

Facts

The United States (plaintiff), acting on behalf of the Environmental Protection Agency (EPA), sought entry into a Massachusetts hazardous-waste dump (site). The United States alleged that immediate access was necessary to allow the EPA and the Massachusetts Department of Environmental Quality Engineering (DEQE) to conduct remedial activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Charles George Trucking Corp., Inc. (Charles) (defendant) and other defendants denied access, arguing that the remedy proposed by the EPA amounted to a taking of their property. The United States moved, under 42 U.S.C. § 9604(e)(5), for an order to provide immediate access to the landfill and various pieces of land close to the site.

Rule of Law

Issue

Holding and Reasoning (Woodlock, J.)

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