United States of America, Cross-Appellee v. John Tarkowski
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
The government appeals from the .dismissal of a suit by which the EPA sought access to tbe property of John Tarkowski, pursuant to section 104(e) of the Superfund statute (Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)), 42 U.S.C. § 9604(e), for the purpose of “remediation,” specifically, of investigating possible environmental hazards and removing quantities of Mr. Tarkowski’s personal property and other materials. The judge concluded that the action for which the EPA sought authorization would be arbitrary and capricious in the…
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