United States DC Circuit

Under the Toxic Substances Control Act, evidence that defendant had not used PCB-containing substances for nearly 20 years and had previously passed previous tests will preclude the application of an accelerated decision that it improperly discharged PCBs, even if later tests show PCBs on the premises.

Appellate Information

• Argued 11/08/2001
• Decided 01/04/2002
• Published 01/04/2002

Judges

• Before:  GINSBURG, Chief Judge, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Steven Ferrey argued the cause for petitioner.   With him on the briefs was Lee D. Hoffman.


• For Appellees:
  
• D. Judith Keith, Attorney, U.S. Department of Justice, argued the cause for respondent.   With her on the brief was John C. Cruden, Acting Assistant Attorney General.