Koppers Industries, Inc. v. United States Environmental Protection Agency

Good Law
902 F.2d 756·20 Envtl. L. Rep. (Envtl. Law Inst.) 20929·31 ERC (BNA) 1489·1990 U.S. App. LEXIS 7161
United States Court of Appeals for the Ninth CircuitMay 7, 199089-15845California1,825 words

Opinion

Opinion

Leavy, J.

Koppers Industries, Inc. (“Koppers”) appeals from the district court’s order denying its motion to quash and suppress all evidence arising from the execution of an administrative warrant issued to the Environmental Protection Agency (EPA) pursuant to section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA” or “Superfund”), 42 U.S.C. § 9604 , as amended by the Superfund Amendments and Reauthorization Act of 1986 (“SARA”). Koppers alleges that the warrant and entry were not authorized under CERCLA and therefore violated its fourth amendment right to be free from unreasonable search and seizures. We affirm.

FACTS AND PROCEEDINGS

Koppers operates a wood-treating plant in Oroville, California. In the early 1980’s, portions of Koppers’ property were found to have releases of certain pollutants into the soil and groundwater. Pursuant to its authority under CERCLA, the EPA investigated the releases and on September 21, 1984, added the Koppers site to the National Priorities List for cleanup.

On April 25, 1986, Koppers and the EPA executed an Administrative Order on Consent No. 86-04 (“Consent Order”) in which Koppers agreed to carry out…

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