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HARRY HUGHES, Governor 1613
MATERIALS, AND SERVICES. THIS SHALL PROVIDE THAT NO DONOR,
GRANTOR OR LENDER MAY DERIVE UNFAIR OR UNREASONABLE ADVANTAGE IN
ANY PROCEEDING BEFORE THE COMMISSION.
M. THE COMMISSION HEREIN ESTABLISHED IS A BODY CORPORATE
AND POLITIC, SEPARATE AND DISTINCT FROM THE PARTY STATES AND
SHALL BE SO LIABLE FOR ITS OWN ACTIONS. LIABILITIES OF THE
COMMISSION SHALL NOT BE DEEMED LIABILITIES OF THE PARTY STATES,
NOR SHALL MEMBERS OF THE COMMISSION BE PERSONALLY LIABLE FOR
ACTION TAKEN BY THEM, IN THEIR OFFICIAL CAPACITY.
1. THE COMMISSION SHALL NOT BE RESPONSIBLE FOR ANY
COSTS OR EXPENSES ASSOCIATED WITH THE CREATION, OPERATION,
CLOSURE, POST-CLOSURE OBSERVATION AND MAINTENANCE, AND
INSTITUTIONAL CONTROL OF ANY REGIONAL FACILITY OR ANY ASSOCIATED
REGULATORY ACTIVITIES OF THE PARTY STATES.
2. EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS COMPACT
SHALL NOT BE CONSTRUED TO ALTER THE INCIDENCE OF LIABILITY OF ANY
KIND FOR ANY ACT, OMISSION, OR COURSE OF CONDUCT. GENERATORS,
SHIPPERS AND CARRIERS OF WASTES, AND OWNERS AND OPERATORS OF
SITES SHALL BE LIABLE FOR THEIR ACTS, OMISSIONS, CONDUCT, OR
RELATIONSHIPS IN ACCORDANCE WITH ALL LAWS RELATING THERETO.
N. THE UNITED STATES DISTRICT COURTS IN THE DISTRICT OF
COLUMBIA SHALL HAVE ORIGINAL JURISDICTION OF ALL ACTION BROUGHT
BY OR AGAINST THE COMMISSION. ANY SUCH ACTION INITIATED IN A
STATE COURT SHALL BE REMOVED TO THE DESIGNATED UNITED STATES
DISTRICT COURT IN THE MANNER PROVIDED BY ACT OF JUNE 25, 1948 AS
AMENDED (28 U.S.C. § 1446). THIS SECTION SHALL NOT ALTER THE
JURISDICTION OF THE UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT TO REVIEW THE FINAL ADMINISTRATIVE
DECISIONS OF THE COMMISSION AS SET FORTH IN THE PARAGRAPH BELOW.
O. THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF
COLUMBIA CIRCUIT SHALL HAVE JURISDICTION TO REVIEW THE FINAL
ADMINISTRATIVE DECISIONS OF THE COMMISSION.
1. ANY PERSON AGGRIEVED BY A FINAL ADMINISTRATIVE
DECISION MAY OBTAIN REVIEW OF THE DECISION BY FILING A PETITION
FOR REVIEW WITHIN 60 DAYS AFTER THE COMMISSION'S FINAL DECISION.
2. IN THE EVENT THAT REVIEW IS SOUGHT OF THE
COMMISSION'S DECISION RELATIVE TO THE DESIGNATION OF A HOST
STATE, THE COURT OF APPEALS SHALL ACCORD THE MATTER AN EXPEDITED
REVIEW, AND, IF THE COURT DOES NOT RULE WITHIN 90 DAYS AFTER A
PETITION FOR REVIEW HAS BEEN FILED, THE COMMISSION'S DECISION
SHALL BE DEEMED TO BE AFFIRMED.
3. THE COURTS SHALL NOT SUBSTITUTE THEIR JUDGMENT FOR
THAT OF THE COMMISSION AS TO THE DECISIONS OF POLICY OR WEIGHT OF
THE EVIDENCE ON QUESTIONS OF FACT. THE COURT MAY AFFIRM THE
DECISION OF THE COMMISSION OR REMAND THE CASE FOR FURTHER
PROCEEDINGS IF IT FINDS THAT THE PETITIONER HAS BEEN AGGRIEVED
BECAUSE THE FINDINGS, INFERENCES, CONCLUSIONS OR DECISION OF THE
COMMISSION ARE:
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