U.S. Court of Appeals for the D.C. Circuit

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June 29, 2010

The DC Circuit held that the EPA's Unilateral Administrative Orders (UAOs) do not violate due process. The court reasoned that the UAO regime satisfies due process as recipients may obtain a pre-deprivation hearing by refusing to comply and forcing EPA to sue in federal court. In addition, the court ruled that a drop in stock prices resulting from the issuance of an UAO is a market reaction and therefore not suitable for due process protection. The DC Circuit's decision forces businesses to endure costly litigation to obtain a hearing before a neutral decisionmaker.

U.S. Chamber explains how EPA Unilateral Administrative Orders violate due process

September 22, 2009

NCLC urged the DC Circuit to hold that the EPA's Unilateral Administrative Orders (UAOs) violate due process. Thousands of UAOs requiring companies to conduct costly environmental remediation are issued each year by the EPA. In this case, the EPA issued an order to General Electric to clean up part of the Hudson River; the project is expected to cost billions of dollars. In its brief, NCLC argued that UAOs violate due process as the EPA offers no preliminary hearings or other effective opportunities for businesses to dispute the UAOs. Without due process, businesses will continue to unfairly incur substantial cleanup costs.

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