# E.I. DuPont de Nemours and Company
> **Judicial** · FY1985 · — · Final Order With Penalty
## Case
- **Activity ID:** `1935`
- **Case Number:** 02-1985-0032
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $25K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- E.I. DUPONT DE NEMOURS AND COMPANY (complaint) (settlement)
## Summary

THIS IS A CIVIL ACTION PURSUANT TO RCRA SECTION 3013(E), 42 USC 6934(E), AGAINST THE DEFENDANT FOR VIOLATION OF AN EPA ADMINISTRATIVE ORDER, INDEX NO. II RCRA-85-3013-50202. ON 5/14/85, DEFENDANT FILED A LAWSUIT CHALLENGING THE ORDER & THE CONSTITUTIONALITY OF RCRA 3013, BOTH ON ITS FACE AND AS  APPLIED (DUPONT V. DAGGETT, CIVIL NO. 85-0626-E).  ON JUNE 10, THE COURT DENIED THE REQUEST FOR A PRELIMINARY INJUNCTION.  IN ITS OPINION, THE COURT QUESTIONED EPA'S POSI  TION THAT SECTION 3013 DOES NOT AUTHORIZE PRE-ENFORCEMENT REVIEW. THE PROPOSED CIVIL ACTION WOULD BE FILED AS A COUNTERCLAIM ACCOMPANYING EPA'S ANSWER.  THE COUNTERCLAIM WOULD ASK FOR THE MAXIMUM PENALTY UNDER 3013(E) OF $5,000 PER DAY FOR VIOLATION OF THE ORDER.  THE COUNTERCLAIM WOULD NOT SEEK SPECIFIC ENFORCEMENT; EPA INTENDS TO PERFORM ITHE WORK THE DEFENDANT REFUSED TO DO, & THEN SEEK COST RECOVERY, PURSUANT TO SECTIONS 3013 OF RCRA & 104 & 107 OF CERCLA.

---
*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*