AN APPELLATE COURT.

Chemical Market Reporter, November, 1999

AN APPELLATE COURT decision that struck down EPA's authority to overfile on state enforcement action impairs the agency's ability to maintain national consistency in the laws it administers, EPA says in court papers. Overfiling occurs when EPA pursues federal enforcement action against a party after a state agency has completed its own enforcement action against the same party for the same offense.

The agency is seeking a rehearing before the full US Court of Appeals for the Eighth Circuit in St. Louis.

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