Kelley v EPA
Instructions
After you have read Kelley v. EPA, 15 F.3d 1100 (D.C. Cir. 1994), and considered the issues and court ruling, reflect on the following questions, in your own words, in your initial substantive post. Reflect on the other question in response to one of your classmates initial posts.How did the decision change the lender liability rule?What do you think about rulemaking as a tool for resolving concerns with statutes? What risks are involved?Please cite statutes appropriately.Utilize Kelley v EPA as a source and one additional source.
Answer
Kelly v. EPAThe decision made by the court on the Kelley v. EPA, 15 F.3d 1100 (D.C. Cir. 1994) vacated the EPAs lender liability rules. In this decision, the EPA did not have the any authority supported by statutes to make liability restrictions based on CERCLA through making regulations as EPA deemed appropriate (Casetext, 1994). CERCLA section 101 (20) has a secured creditor exemption condition. In this case, any lender who has any shares in any CERCLA governed facility has the advantage of protecting any security interest they have. This is largely depended on whether the owners would partake in any management exercise of the facility. Rulemaking is a major step in the process of addressing concerns raised from the existing statues. Existing statues may have been overtaken by time or ev...
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