Model Litigation Report for CERCLA Sections 106 and 107 and RCRA Section 7003

摘要

The directive supplements previous Agency guidance entitled 'Model Litigation Report Outline and Guidance' (OECM, August 23, 1984), which addressed the preparation of a litigation package under most statutes, but excluded, among others, packages to be prepared for prosecution of civil judicial actions under CERCLA Sections 106 and 107 and RCRA Section 7003. The model is intended for use in all civil judicial cases referred to the Department of Justice for prosecution under CERCLA Sections 106 and 107 and RCRA Section 7003. For those actions referred in conjunction with a settlement, a full litigation report is not required. The document also does not specifically address preparation of litigation reports for prosecution of penalty actions under CERCLA Sections 106(b), 109 or 122(1), although many sections of the document may be applicable to the preparation of such litigation reports.