Judge orders EPA not to destroy records UP wants

[Omaha Steve]

http://hosted.ap.org/dynamic/stories/U/US_UNION_PACIFIC_EPA?SITE=SCCHA&SECTION=HOME&TEMPLATE=DEFAULT

By JOSH FUNK
AP Business Writer

OMAHA, Neb. (AP) -- A federal judge ordered the Environmental Protection Agency on Thursday to stop destroying records Union Pacific requested about lead contamination in Omaha, and an expert was appointed to make sure the agency complies.

The judge's order resolved several issues the railroad and EPA couldn't agree on when discussing the rules to protect records while Union Pacific's lawsuit progresses. The Omaha-based railroad sued in June after obtaining e-mails in which EPA officials discussed deleting records.

U.S. District Judge Laurie Smith Camp picked the records expert EPA lawyers recommended, but she established a broad scope for the expert's work, like the railroad requested. Camp also ordered the EPA not to reuse any of its backup tapes until the expert has reviewed the agency's plan to protect relevant data.

The information Union Pacific seeks relates to 5,600 lead-contaminated properties in Omaha. The EPA and Union Pacific have been trying for years to settle who should pay more than $200 million to clean up the lead.

The EPA and the railroad disagree about the contamination's source with the EPA blaming industrial sources of lead and Union Pacific arguing lead house paint is the real problem.

Railroad officials hope the records they are requesting will prove that Union Pacific isn't responsible for the contamination.

FULL story at link.