LINEMASTER SWITCH CORP. v. U.S. E.P.A.

Nos. 90-1253, 90-1262 and 90-1263.

938 F.2d 1299 (1991)

LINEMASTER SWITCH CORPORATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. CLARK EQUIPMENT COMPANY, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. SCHLUMBERGER INDUSTRIES, INC., a/k/a Sangamo Weston, Inc., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1991.


Attorney(s) appearing for the Case

Michael M. Meloy, Bala Cynwyd, Pa., with whom Sheila D. Jones and Randi L. Breslow were on the brief, Washington, D.C., for petitioner Clark Equipment Co. in 90-1262. Christopher J. Dunsky, Washington, D.C., also entered an appearance for petitioner.

R. Bradford Fawley, Hartford, Conn., for petitioner Linemaster Switch Corp. in 90-1253. Sherry W. Gilbert, Washington, D.C., also entered an appearance for petitioner.

Robert O. King, with whom L. Gray Geddie, Jr., Greenville, S.C., and James M. Kuszaj, Raleigh, N.C., were on the brief, for petitioner Schlumberger Industries, Inc. in 90-1263. Pamela E. Savage, Atlanta, Ga., Peter G. Nash, Washington, D.C., and Brian W. Curtis, II, Nashville, Tenn., also entered appearances for petitioner.

Eileen T. McDonough, Attorney, U.S. Dept. of Justice, and George Wyeth, Attorney, E.P.A., with whom Richard B. Stewart, Asst. Atty. Gen., and Earl Salo, Asst. Gen. Counsel, E.P.A., were on the brief, Washington, D.C., for respondent.

Byron L. Gregory, Louis M. Rundio, Jr., Chicago, Ill., and Donald R. Frederico, Boston, Mass., were on the brief for amicus curiae General Signal Corp., urging that the petitions for review be granted as to the joint statutory claim.

Before MIKVA, Chief Judge, and SILBERMAN and THOMAS, Circuit Judges.


Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

Petitioners in these consolidated cases own sites that the Environmental Protection Agency (EPA) added to the National Priorities List (NPL), a compilation of hazardous waste sites considered to pose the greatest risk to human health and the environment, in February 1990. Petitioners jointly claim that EPA lacked authority to add sites to the NPL after October 1988, the date by which Congress...

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