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KENT COUNTY, DELAWARE LEVY COURT v. U.S. E.P.A.

No. 90-1569.

963 F.2d 391 (1992)

KENT COUNTY, DELAWARE LEVY COURT, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1992.

Attorney(s) appearing for the Case

William Roger Truitt, with whom James P. Rathvon, Washington, D.C., was on the brief, for petitioner. Gina M. Zawitoski, Baltimore, Md., also entered an appearance for petitioner.

Eileen T. McDonough, Atty., Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., and Raymond Ludwiszewski, Gen. Counsel, Earl Salo, Asst. Gen. Counsel, and George Wyeth, Atty., Environmental Protection Agency, Washington, D.C., were on the brief, for respondent. Lewis M. Barr, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent.

Robert S. Kuehl, Deputy Atty. Gen., State of Del., Dept. of Justice, for amicus curiae, State of Del.

Before: MIKVA, Chief Judge, EDWARDS and RUTH B. GINSBURG, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

Petitioner, Kent County, Delaware Levy Court, challenges a decision by the EPA to add the Houston landfill, located in Kent County, Delaware, to the National Priorities List. Kent County contends that the EPA improperly calculated the landfill's "waste characteristics" score by using only an unfiltered sample in testing the ground-water at the site. Petitioner also argues that the EPA failed...

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