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Judges Weigh NPL Listing Challenge But Wrestle With ‘Arbitrary’ HRS Rule

November 07, 2019
Appellate judges reviewing a first-time industry suit contesting EPA’s Superfund listing of a vapor intrusion site seemed to be grappling with the suit’s narrow challenge to the listing decision as it applies the agency’s 2017 Hazardous Ranking System (HRS) regulation governing the listing of such sites, even though the rule is not the subject of the suit. During oral argument Nov. 7, Judge Gregory Katsas of the U.S. Court of Appeals for the District of Columbia Circuit, asked the attorney...

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