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Honeywell Int'l, Inc. v. EPA

ELR Citation: 34 ELR 20039
Nos. No. 02-1371, (D.C. Cir., 06/29/2004)

The D.C. Circuit denied petitions to review EPA's decision to include an industrial site bordering the Hudson River on the NPL. EPA's decision was reasonable and supported by the record, and the companies challenging the listing were given sufficient notice of the inclusion. EPA's listing properly identified the site, and it did not have to discuss potential response actions at this early stage. EPA also properly included a fishery adjacent to the site because it was in the surface water pathway of the released hazardous coal tar substances, the contamination of which posed a threat to the human food chain. The fishery landowner was adequately notified that the parcel would be included on the NPL by the proposed listing, yet the landowner forfeited its opportunity to challenge the listing when it failed to comment on the proposed listing.