Conflict among the circuits: who may conduct inspections under the Clean Air Act

Bunker Hill Co. v. Environmental Protection Agency (EPA) challenged EPA's right to make on-site inspections. A review of the arguments in three Circuit Court Cases shows that the inspection would be meaningless if the chemical company retained exclusive control over inspections and the generated information, but neither court held the company in contempt for refusing admission to inspectors. Industry's claim that on-site monitoring is unconstitutional and the compromises in lawsuits suggest a lack of compliance by both industry and EPA in monitoring regulations. Congress needs to rewrite less-ambiguous regulations. 59 references. (DCK)