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CTS Corp. v. Environmental Protection Agency

ELR Citation: 44 ELR 20150
Nos. 12-1256, (D.C. Cir., 07/08/2014)

The D.C. Circuit denied a petition for review challenging EPA's decision to add property formerly owned by a manufacturing company to the NPL. The company argued that in listing the site, EPA failed to properly consider and analyze relevant data. But the company's objections were without merit. EPA is owed substantial deference on matters of technical expertise. Here, EPA performed sufficient testing addressing whether any alternative sources of TCE were actually the source of contamination at the site, and EPA’s judgment rested on multiple sources of reliable, site-specific hydrogeological evidence. And the manufacturer's remaining claims were either forfeited or impermissibly based on extra-record evidence.