EPA Inspection Rights Upheld In Suit Over Ship PCBs

Law360, New York (August 27, 2008, 12:00 AM EDT) -- The U.S. Environmental Protection Agency is entitled to administrative warrants to inspect ships containing regulated chemical substances pursuant to the Toxic Substances Control Act, the U.S. Court of Appeals for the Fourth Circuit said Monday.

The trial court was right to issue a warrant authorizing the EPA to inspect a former U.S. Navy hospital ship docked in Baltimore for polychlorinated biphenyls, or PCBs, and it was also right to grant a preliminary injunction order preventing the ship's current owner, Potomac Navigation Inc., from moving the vessel,...
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