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HARBOR GATEWAY COMMERCIAL PROPERTY OWNERS' v. U.S. E.P.A.

No. 97-1737.

167 F.3d 602 (1999)

HARBOR GATEWAY COMMERCIAL PROPERTY OWNERS' ASSOCIATION, et al., Petitioners v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1999.

Attorney(s) appearing for the Case

Albert M. Cohen argued the cause and filed the briefs for petitioners.

H. Michael Semler, Attorney, United States Department of Justice, argued the cause for respondent. With him on the brief was Lois J. Schiffer, Assistant Attorney General. Eric G. Hostetler, Attorney, entered an appearance.

H. Michael Semler, Attorney, United States Department of Justice, argued the cause for respondent. With him on the brief was Lois J. Schiffer, Assistant Attorney General. Eric G. Hostetler, Attorney, entered an appearance.

Before: WALD, SILBERMAN and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Circuit Judge WALD.

SENTELLE, Circuit Judge:

Petitioners challenge the Environmental Protection Agency's 1997 listing of the "Del Amo" site in Los Angeles, California, on the National Priorities List ("NPL"), arguing, inter alia, that EPA's 1996 proposal to list the Del Amo site was invalid because EPA violated the Omnibus Consolidated Rescissions and Appropriations...

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