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BRADLEY MIN. CO. v. U.S. E.P.A.

No. 90-1556.

972 F.2d 1356 (1992)

BRADLEY MINING COMPANY, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 28, 1992.

Attorney(s) appearing for the Case

Anthony O. Garvin, San Francisco, Cal., for petitioner.

Glen Freyer, Atty., U.S. Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Raymond Ludwiszewski, Acting Gen. Counsel, Environmental Protection Agency ("EPA"), and Lawrence E. Starfield, Acting Assist. Gen. Counsel, EPA, Washington, D.C., were on the brief, for respondent. George B. Wyeth, Atty., EPA, and Lewis M. Barr and Eileen T. McDonough, Attys., U.S. Dept. of Justice, Washington, D.C., also entered appearances for respondent.

Before RUTH BADER GINSBURG, BUCKLEY, and D.H. GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Petitioner Bradley Mining Company seeks review of a rulemaking in which the Environmental Protection Agency listed the Company's inactive mercury mine on the National Priorities List of sites containing hazardous substances. The Company claims that the EPA acted arbitrarily and capriciously in listing the property because the EPA failed to demonstrate that mercury found in an adjacent...

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