DC Circ. Won't Undo Superfund Status For Utah Site

Law360, New York (January 14, 2011, 6:16 PM EST) -- The D.C. Circuit has denied a petition from U.S. Magnesium LLC challenging the designation of a Utah plant as a Superfund site, finding that the U.S. Environmental Protection Agency properly calculated a score representing the site’s hazards.

In an opinion for the U.S. Court of Appeals for the District of Columbia Circuit on Friday, Judge Stephen F. Williams said the EPA had precisely followed its Hazard Ranking System in evaluating the site, meaning the Superfund designation was not “arbitrary and capricious,” as U.S. Magnesium had claimed....
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