Product Liability & Toxics Law News

EPA Use and Removal of Slag During Cleanup a ‘Taking’

May 21, 2018, 6:28 PM

The owner of steel mill byproducts the Environmental Protection Agency removed from a site as part of an environmental cleanup is entitled to $755,000 in compensation, the Court of Federal Claims ruled.

The removal of slag, scrap and kish—a mixture of graphite and slag—constitutes a taking, the court said.

The Fifth Amendment to the Constitution bars the government from taking property without just compensation.

Gadsden Industrial Park LLC owned the slag, scrap and kish, which it purchased in a bankruptcy sale after the owner of the site, Gulf States Steel, went out of business.

Gadsden was attempting to sell the...

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