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Thomas Lupo Discuss Court Decision Addressing U.S. EPA's Ability to Seek Court Order for Access and Remediation

December 10, 2015

Thomas D. Lupo — Chicago-based lawyers in the Environmental Practice of Hinshaw & Culbertson LLP — authored the case summary, "Court Recognizes U.S. EPA's Ability to Seek Court Order for Access and Remediation," which was published on December 2, 2015, on the American Bar Association Section of Environment, Energy, and Resources' website.

The case summary focuses on the U.S. District Court for the Central District of Illinois' decision in United States of America v. Donna Gearing and Larry Thomason, No. 1:15 CV 01333 (2015), a case in which the court "rejected the magistrate judge's recommendation that the court deny the United States' Motion for Order in Aid of Immediate Access as arbitrary and capricious where U.S. EPA sought to access and remediate a largely burned out former school building which it contended 'may' present an imminent and substantial endangerment to the public health, welfare, or the environment." As explained by Mr. Lupo and Ms. Mehlman, "[t]he ruling gives further guidance to those facing a direct court action by the U.S. EPA and likely expands the Agency's ability and frequency of doing so."

To read the full case summary "Court Recognizes U.S. EPA's Ability to Seek Court Order for Access and Remediation," visit the visit the ABA Section of Environment, Energy, and Resources' website.

Hinshaw & Culbertson LLP is a national law firm with approximately 500 attorneys providing coordinated legal services across the United States and in London. Hinshaw lawyers partner with businesses, governmental entities and individuals to help them effectively address legal challenges and seize opportunities. Founded in 1934, the firm represents clients in complex litigation and in regulatory and transactional matters.

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