EPA v. ROYAL LYNCH

Case summary

ENFORCE A CERCLA SECTION 122(E)(3)(B) SUBPOENA. THE ACTION SEEKS A DISTRICT COURT ORDER, ORDERING A DEPONENT TO COMPLY WITH ADMINISTRATIVE SUBPOENAS ISSUED UNDER CERCLA, AND TO APPEAR AT A DEPOSITION TO PROVIDE TESTIMONY REGARDING THE BERN METALS SUPERFUND SITE. EPA SEEKS A COURT ORDER, ORDERING DEPONENT TO COMPLY W/THE SUBPOENA, & SPECIFING THE PENALTIES FOR CONTEMPT IF DEPONENT FAILS TO COMPLY WITH COURT ORDER. THERE IS ONE PROPOSED DEFENDANT (PRP) (DEPONENT) A FORMER EMPLOYEE AT THE SITE, WHERE THE U.S. EPA EXPENDED OVER $2,000,000 IN RESPONSE COSTS, AND IT IS BELIEVED THAT HIS TESTIMONY WILL BE HELPFUL IN COST RECOVERY NEGOTIATION, ALLOCATION, AND POTENTIALLY, SETTLEMENT.

Defendants (1)

• ROYAL LYNCHNamed in complaint

Facilities (1)

• BERN METALS - USEPA ERRD

  22 BENDER AVE, BUFFALO, NY, 142062803

  Registry ID: 110004451600

Statutes cited

• CERCLA 122E3B — Violation of 122(e)(3)(B) Subpoena

Timeline (5 milestones)

• 1994-03-01Enforcement Action Data Entered
• 1995-05-30Referred To Dept Of Justice
• 1995-08-18Complaint Filed With Court
• 1995-09-06Concluded
• 1995-09-06Enforcement Action Closed