Petition for Review of Addition to EPA National Priority List
In US Magnesium, LLC v. EPA, No. 09-1269, a petition for review of the addition of petitioner’s magnesium plant to the EPA’s National Priorities List, the court denied the petition 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.
Related Resources
- Read the DC Circuit’s Decision in US Magnesium, LLC v. EPA, No. 09-1269
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