Eagle-Picher Industries, Inc. v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
759 F.2d 905 (1985)
In 1982, the Environmental Protection Agency (EPA) promulgated the Hazardous Ranking System (HRS) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) in a notice-and-comment proceeding. The HRS was the methodology used by the EPA to designate the sites to be listed on the National Priority List (NPL) under CERCLA. Eagle-Picher Industries, Inc. (Eagle-Picher) (plaintiff) was included in the NPL. Eagle-Picher claimed that it should not have been included on the NPL because the HRS was unlawful. Eagle-Picher petitioned for judicial review of the HRS more than 90 days after the HRS was promulgated. The EPA claimed that Eagle-Picher could have challenged the HRS during the review period and therefore their untimely complaint was barred.
Rule of Law
Holding and Reasoning (Edwards, J.)
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