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US MAGNESIUM, LLC v. E.P.A.

No. 09-1269.

630 F.3d 188 (2011)

US MAGNESIUM, LLC, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2011.

Attorney(s) appearing for the Case

Laurence S. Kirsch argued the cause for petitioner. With him on the briefs were Valerie E. Ross , David W. Tundermann , and M. Lindsay Ford .

T. Monique Jones , Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondent.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

The National Priorities List ("NPL") is a list of places, commonly known as "superfund sites," considered national priorities for environmental remediation because of known or threatened releases of hazardous substances. The Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. §§ 9601-75, requires the President to establish "criteria for determining priorities among releases or threatened...

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