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TEX TIN CORP. v. U.S. E.P.A.

No. 92-1085.

992 F.2d 353 (1993)

TEX TIN CORPORATION, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 1993.

Attorney(s) appearing for the Case

Stephen Shulman, Washington, DC, argued the cause for petitioner. With him on the briefs were Laurence S. Kirsch and Joel Kaufman, Washington, DC. James W. Moorman, Washington, DC, also entered an appearance for petitioner.

George B. Wyeth, Atty., Office of Gen. Counsel, U.S. E.P.A., Washington, DC, argued the cause for respondent. With him on the brief were Eileen T. McDonough, Atty., Dept. of Justice, Raymond Ludwiszewski, Acting Gen. Counsel, and Earl Salo, Asst. Gen. Counsel, U.S. E.P.A., Washington, DC. Barry M. Hartman, Atty., Dept. of Justice, Washington, DC, also entered an appearance for respondent.

Before: D.H. GINSBURG, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Comprehensive Environmental Response, Compensation and Liability Act of 1980 directed the President to establish a list of "national priorit[y]" sites most in need of federal remedial attention. See 42 U.S.C. § 9605(a)(8)(B). The Environmental Protection Agency then promulgated regulations creating a mathematical model called the Hazard Ranking System (HRS), 40...

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