Mallinckrodt US LLC v. Dep’t of Envtl. Prot.Annotate this Case
The Commissioner of the Department of Environmental Protection issued a compliance order requiring Mallinckrodt US LLC and United States Surgical Corporation (collectively, Mallinckrodt) to excavate material containing mercury and other contaminants from five landfills located on a site adjacent to the Penobscot River and to transfer the material to off-site landfills. After a hearing, the Board of Environmental Protection modified and affirmed the order by requiring that Mallinckrodt excavate only two of the landfills and that it secure and monitor the others. Mallinckrodt appealed. The Supreme Court affirmed, holding (1) the Commissioner was statutorily authorized to issue the compliance order; (2) the Board did not err in conducting the proceedings in accordance with statutorily provided rules rather than promulgating its own; (3) the Board did not err by precluding Mallinckrodt from cross-examining two consultants who assisted the Board in evaluating technical evidence because the consultants did not offer testimony; and (4) the Board did not abuse its discretion in excluding evidence relating to the Commissioner’s possible political bias.