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ANNE ARUNDEL COUNTY, MD. v. U.S. E.P.A.

No. 91-1210.

963 F.2d 412 (1992)

ANNE ARUNDEL COUNTY, MARYLAND, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 1992.

Attorney(s) appearing for the Case

Stephen M. LeGendre, Annapolis, Md., for petitioner.

Joshua M. Levin, Attorney, Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., and Raymond Ludwiszewski, Acting Gen. Counsel, Earl Salo, Asst. Gen. Counsel, and George Wyeth, Atty., U.S. Environmental Protection Agency, Washington, D.C., were on the brief, for respondent. Michael A. McCord, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for respondent.

Before: WALD, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner Anne Arundel County petitions for review of a rulemaking pursuant to which the Glen Burnie Sanitary Landfill ("Landfill"), which petitioner owns, was placed on the National Priorities List ("NPL") of known releases or threatened releases of hazardous substances. In particular, petitioner claims that it was arbitrary and capricious for respondent Environmental Protection Agency...

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