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GENERAL ELEC. CO. v. JACKSON

No. 09-5092.

610 F.3d 110 (2010)

GENERAL ELECTRIC COMPANY, Appellant, v. Lisa Perez JACKSON, Administrator, U.S. Environmental Protection Agency and Environmental Protection Agency, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2010.

Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for appellant. With him on the briefs were Donald W. Fowler and Eric G. Lasker. Thomas G. Echikson entered an appearance.

Martin S. Kaufman and Quentin Riegel were on the brief for amicus curiae National Association of Manufacturers in support of appellant.

Robin S. Conrad, Amar D. Sarwal, Paul D. Clement, Daryl L. Joseffer, and Charles Fried were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of appellant.

Sambhav N. Sankar, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was John C. Cruden, Deputy Assistant Attorney General.

Christopher J. Wright was on the brief for amici curiae Natural Resources Defense Council, et al. in support of appellees.

Before: ROGERS, TATEL, and GRIFFITH, Circuit Judges.

TATEL, Circuit Judge:

In this case, appellant challenges the constitutionality of a statutory scheme that authorizes the Environmental Protection Agency to issue orders, known as unilateral administrative orders (UAOs), directing companies and others to clean up hazardous waste for which they are responsible. Appellant argues that the statute, as well as the way in which EPA administers it, violates the Due Process Clause because EPA issues UAOs without a hearing...

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