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MONTROSE CHEMICAL CORP. OF CALIFORNIA v. E.P.A.

Nos. 96-1334, 96-1341, 96-1350, 96-1355, and 96-1371.

132 F.3d 90 (1998)

MONTROSE CHEMICAL CORPORATION OF CALIFORNIA, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 13, 1998.

Attorney(s) appearing for the Case

Karl S. Lytz, San Francisco, CA, argued the cause for petitioners, with whom Paul B. Galvani, Boston, MA, Frank Rothman, Jose R. Allen, Charles B. Cohler and Jeffrey F. Silverman, San Francisco, CA, were on the joint briefs. David M. Rosenberg-Wohl, San Francisco, CA, entered an appearance.

H. Michael Semler, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for respondent, with whom Lois J. Schiffer, Assistant Attorney General, Washington, DC, and Alan Carpien, Attorney, Environmental Protection Agency, were on the brief.

Before: GINSBURG, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The issue presented is whether two internal memoranda of the Environmental Protection Agency ("EPA") constitute a regulation reviewable by this court under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Under CERCLA, EPA must maintain and revise annually the National Priorities List ("NPL") of hazardous waste sites most in need of long-term remedial...

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