Pressing for Details: Imposing Data Demands in Harmful Waste Disputes

In a significant development, the United States Environmental Protection Agency (EPA) has published a new policy and issued updated guidance on the use and enforcement of information requests and subpoenas, particularly in cases involving hazardous waste.

The policy, titled "Policy on Enforcing Information Requests in Hazardous Waste Cases," provides fresh guidance and is a more recent update than the guidance issued on August 25, 1988. This earlier guidance, which addressed information gathering under CERCLA s104(e), has been superseded to the extent it pertains to the same subject.

The Policy on Enforcing Information Requests in Hazardous Waste Cases, approximately 776.7 KB in size, is relevant for information requests and subpoenas in hazardous waste cases. It is a separate document from the August 25, 1988, guidance and the Policy itself.

The August 25, 1988, guidance, on the other hand, remains crucial for the use and enforcement of information requests and subpoenas. This guidance, which partially supersedes the guidance in the Memorandum issued in 1984, assists Regions in enforcing information request letters issued under sections 104 of CERCLA and 3007 of RCRA.

The Memorandum, issued under OSWER Directive No. 9834.4 on September 10, 1984, was the initial guidance. It provides guidance pertaining to the sections mentioned and was issued by the EPA to support Regions in enforcing information requests under these sections.

It's important to note that the Policy on Enforcing Information Requests in Hazardous Waste Cases is not superseded by any previous guidance. This means that both the Policy and the August 25, 1988, guidance coexist, each providing valuable insights into their respective areas.

In summary, the EPA has issued a new policy and updated guidance on information requests and subpoenas in hazardous waste cases. The Policy on Enforcing Information Requests in Hazardous Waste Cases is a separate document from the August 25, 1988, guidance, which partially supersedes the guidance in the Memorandum issued in 1984. The Policy itself is not superseded by any previous guidance and provides new guidance relevant for information requests and subpoenas in hazardous waste cases.