Case Detail

Raytheon Aircraft Company v. United States
On August 12, 2007, the United States District Court in Kansas City, Kansas, granted the United States' motion to dismiss Raytheon Aircraft Company's constitutional challenge to the Environmental Protection Agency's (EPA) unilateral administration order (UAO) issued to Raytheon. The UAO required Raytheon to clean up the government's own pollution or face severe non-compliance penalties of $32,500 per day plus treble damages, while insulating the United States from any liability for its own actions. In its brief in support of Raytheon, WLF argued on behalf of itself and its client, the Kansas Feed and Grain Association that it was fundamentally unfair for the United States to exploit its unique governmental powers to saddle a private company with cleanup costs for the government's own pollution, and then deny the company any procedurally adequate forum to raise its claims.
Case Status:
Motion to Dismiss granted; monitor for appeal.
More Information and Downloads:
6/29/2007: Download the Brief

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