Judges In Superfund Suit Question EPA Disclosure On Wetlands Findings

September 9, 2020
In a case challenging EPA’s listing of a New Jersey industrial site to Superfund’s National Priorities List (NPL), a three-judge federal appeals court panel during Sept. 9 oral argument questioned whether EPA inadequately disclosed data on nearby wetlands to the point where it prejudiced the agency’s ultimate decision on the listing. “Suppose we agree with you that [EPA’s] disclosure was inadequate, don’t you still have to show prejudice, which is to say some possibility that greater disclosure might have impacted...

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