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CITY OF STOUGHTON, WIS. v. U.S. E.P.A.

Nos. 86-1492, 86-1499 and 86-1502.

858 F.2d 747 (1988)

CITY OF STOUGHTON, WISCONSIN, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. INTEL CORPORATION, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. CITY OF ELYRIA, OHIO, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 27, 1988.

Attorney(s) appearing for the Case

J. Michael Skibinski, Stoughton, Wis., for petitioner, City of Stoughton, Wisconsin.

Edward L. Strohbehn, Jr., Washington, D.C., for petitioner, Intel Corp.

Paul E. Gutermann, Washington, D.C., for petitioner, City of Elyria. Jeffrey O. Cerar, Washington, D.C., also entered an appearance, for petitioner, City of Elyria.

Lawrence E. Blatnik, Atty., Dept. of Justice and Lawrence E. Starfield, Atty., E.P.A., with whom Roger J. Marzulla, Asst. Atty. Gen., Lawrence J. Jensen, Gen. Counsel, and Earl Salo, Asst. Gen. Counsel, E.P.A., Washington, D.C., were on the brief, for respondent.

Before ROBINSON, RUTH BADER GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Each petitioner owns one or more landfill sites included by the Environmental Protection Agency ("EPA" or "the Agency") on the second update of the National Priorities List ("NPL"). Each alleges that EPA's decision to include its site or sites was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. After reviewing each case, we find that EPA...

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