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United States DC Circuit


US Magnesium, LLC v. EPA, 09-1269

In a petition for review of the addition of petitioner's magnesium plant to the EPA's National Priorities List, the petition is denied where the EPA followed the Hazard Ranking System precisely in scoring the air migration pathway and affirmation of the EPA on that first issue resulted in a score above the cutoff for inclusion on the NPL, and thus listing of petitioner's site on the NPL was not arbitrary or capricious.

Appellate Information

  • Decided 01/14/2011
  • Published 01/14/2011

Judges

  • Stephen F. Williams

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Laurence S. Kirsch, T. Monique Jones

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