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WASHINGTON STATE DEPT. OF TRANSP. v. U.S.E.P.A.

No. 89-1445.

917 F.2d 1309 (1990)

WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 1990.

Rehearing Denied January 11, 1991.

Attorney(s) appearing for the Case

Deborah L. Cade, Asst. Atty. Gen., with whom Kenneth O. Eikenberry, Atty. Gen., and Charles F. Secrest, Asst. Atty. Gen., were on the brief, for petitioner.

Russell M. Young, Atty., U.S. Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., E. Donald Elliot, Gen. Counsel, and Earl Salo, Asst. Gen. Counsel, E.P.A., were on the brief, for respondent.

Margaret Kane Harrigan, Atty., U.S. Dept. of Justice, also entered an appearance for respondent.

Before EDWARDS, D.H. GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

EDWARDS, Circuit Judge:

The petitioner in this case, Washington State Department of Transportation ("WSDOT"), challenges a decision by the Environmental Protection Agency ("EPA") to include property WSDOT owns on a list of contaminated environmental areas subject to federal cleanup under the "Superfund" program. WSDOT claims that the EPA designated its property as part of a larger, pre-existing Superfund...

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