Boliden Metech, Inc. v. United States

OPINION AND ORDER

LAGUEUX, District Judge.

This matter is before the Court on defendants’ motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, and on the cross motions for summary judgment on Count I filed by both sides.

An administrative search pursuant to an ex parte warrant, conducted by the Environmental Protection Agency (“EPA”), of plaintiff’s premises, under the Toxic Substances Control Act (“TSCA”), gave rise to this action for injunctive and declaratory relief. At issue is whether the EPA has authority to obtain a…