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CARUS CHEMICAL CO. v. U.S. E.P.A.

No. 03-1455.

395 F.3d 434 (2005)

CARUS CHEMICAL COMPANY, Petitioner v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2005.

Attorney(s) appearing for the Case

Thomas W. Dimond argued the cause for petitioner. With him on the brief were John C. Berghoff, Jr. and Jennifer R. Hagan.

Ammie Roseman-Orr, Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief were John C. Cruden, Deputy Assistant Attorney General, and Sheila M. Igoe, Attorney, U.S. Environmental Protection Agency.

Before: GINSBURG, Chief Judge, and HENDERSON and ROBERTS, Circuit Judges.

GINSBURG, Chief Judge.

The Environmental Protection Agency placed a site owned in part by Carus Chemical Company on the National Priorities List (NPL) of hazardous waste sites, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 94 Stat. 2767, 42 U.S.C. § 9601 et seq., and its implementing regulations. Carus argues the EPA's action was arbitrary and capricious because the agency misinterpreted, and hence...

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