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MERITOR, INC. v. E.P.A.

No. 18-1325.

966 F.3d 864 (2020)

MERITOR, INC., Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 2020.

Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for petitioner. With her on the briefs were Mitchell P. Reich , Washington, DC, Heidi B. Friedman , and Joel Eagle , Cleveland, OH.

James R. Bieke , C. Frederick Beckner III , Washington, DC, Peter C. Tolsdorf , Steven P. Lehotsky , Washington, DC, and Michael B. Schon were on the brief for amici curiae the National Association of Manufacturers, et al., in support of petitioner. Linda E. Kelly entered an appearance.

John Thomas H. Do , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Jonathan D. Brightbill , Principal Deputy Assistant Attorney General. Jon M. Lipshultz , Attorney, entered an appearance.

Before: MILLETT and KATSAS, Circuit Judges, and SENTELLE, Senior Circuit Judge.

The Environmental Protection Agency maintains a National Priorities List that identifies those hazardous waste sites in most urgent need of cleanup based on the threat that they pose to public and environmental health and to the public welfare. In 2018, the EPA added the Rockwell International Wheel & Trim facility and...

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