Employers Insurance of Wausau, a Mutual Company v. United States

BAUER, Circuit Judge.

There is something unusual about this case. The Environmental Protection Agency (“EPA”) ordered an insurance company, the Employers Insurance of Wausau a Mutual Company (“Employers”), to clean up hazardous materials. Employers protested at first, but eventually complied. It then challenged the EPA’s actions via the ordinary process of review: first, it petitioned the EPA for reimbursement of the money it spent in the cleanup; when the EPA denied its petition, Employers filed suit in federal district court. See Employers Ins. v. Browner, 848 F.Supp. 1369 (N.D.Ill.1994) and…