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HONEYWELL INTERN., INC. v. E.P.A.

Nos. 02-1371 and 02-1372.

372 F.3d 441 (2004)

HONEYWELL INTERNATIONAL, INC. and Edgewater Working Group, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Michael O. Leavitt, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Norman W. Bernstein argued the cause and filed the briefs for petitioners Honeywell International, Inc. and Edgewater Working Group.

Peter J. Fontaine argued the cause for petitioner Three Y, LLC. With him on the briefs was Douglas W. Frankenthaler.

Natalia T. Sorgente, Attorney, U.S. Department of Justice, argued the cause for respondents. With her on the brief were John C. Cruden, Deputy Assistant Attorney General, and Sheila Igoe, Counsel, U.S. Environmental Protection Agency.

Before: GINSBURG, Chief Judge, and EDWARDS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In these consolidated cases, we consider two separate challenges to the Environmental Protection Agency's decision to include an industrial site bordering the Hudson River on the National Priorities List — a list of contaminated sites considered priorities for environmental cleanup. One group of petitioners, several companies potentially responsible for cleaning up the site, claims...

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