Harmon Industries v. Browner
United States Court of Appeals for the Eighth Circuit
191 F.3d 894 (1999)
Harmon Industries (plaintiff) discovered and self-reported a long-standing practice of dumping solvents behind its plant to the Missouri Department of Natural Resources (MDNR), and the two worked out and a state court approved a cleanup agreement. Separately, the EPA investigated the same site under the Resource Conservation and Recovery Act (RCRA) and sought over $2.3 million in civil penalties; an administrative law judge and the Environmental Appeals Board ultimately assessed Harmon a $586,716 penalty. Harmon then sued the EPA Administrator, Browner (defendant), arguing the EPA's separate penalty violated RCRA once Missouri's authorized program had already acted; the district court agreed and granted Harmon summary judgment, and the EPA appealed.
Whether RCRA allows action taken by a state under its own authorized hazardous waste program to have the same force and effect as action taken by the EPA, precluding a duplicate federal enforcement penalty for the same violation.