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Northside Sanitary Landfill, Inc. v. Thomas

ELR Citation: 18 ELR 21032
Nos. No. 84-1586, 849 F.2d 1516/27 ERC 2129/(D.C. Cir., 06/28/1988)

The court declines to review the merits of petitioner's objections to the Environmental Protection Agency's (EPA's) decision to place a site on the Comprehensive Environmental Response, Compensation, and Liability Act's National Priorities List (NPL), since petitioner failed to put EPA on proper notice of its objections during the rulemaking process. Although petitioner submitted 420 pages of documents to EPA, petitioner did not specify how these documents were relevant to EPA's scoring of the site under the Hazardous Ranking System. The court notes that it would also deny the petition on the merits because EPA's decision to place the site on the NPL was not arbitrary and capricious.

Counsel for Petitioner
Warren D. Krebs
Parr, Richey, Obremskey & Morton
Suite 500, 121 Monument Cir., Indianapolis IN 46204
(317) 632-3686

Counsel for Respondents
Lawrence E. Blatnik
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2338

Lawrence E. Starfield
Environmental Protection Agency
401 M St. SW, Washington DC 20460
(202) 475-8040

Before: ROBINSON and SENTELLE, Circuit Judges, and KAUFMAN,[*] Senior District Judge.