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Accepting Liability For Hazwastes

Published Tuesday, November 01, 1994

Analytical labs that perform sampling and analysis on behalf of regulatory agencies owe no legal duty of care to firms and businesses targeted for enforcement, according to a ruling by a federal appeals court (Tri-State Mint Inc. v. Riedel Environmental Services). While investigating allegedly unauthorized handling of chemical substances at Tri-State's facility, the state of South Dakota hired Riedel to analyze samples of a suspect solution. Tests of the samples indicated that the solution contained cyanide and other hazardous substances. The state filed civil and criminal actions against Tri-State for environmental violations and the company settled with the ...

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