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Ohio v. Environmental Protection Agency

997 F.2d 1520 (1993)

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Ohio v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit

997 F.2d 1520 (1993)

Facts

Ohio (plaintiff), along with other states and private parties, petitioned for review of the Environmental Protection Agency’s (EPA) (defendant) changes to the National Contingency Plan (NCP) as inconsistent with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Ohio argued that (1) the EPA should require remediation plans to meet the Maximum Contaminant Level Goals (MCLGs) for all relevant contaminants and should not allow plans to substitute the Maximum Contaminant Level (MCL) standard for contaminants with a MCLG of zero; (2) the EPA must consider cost when setting the level of protectiveness that a remedial action must achieve; (3) the EPA should give greater weight to the permanency of a solution than to its cost; and (4) the EPA must set remedial standards at the level most protective of human health. Specifically, Ohio argued that the EPA improperly set carcinogen exposure levels at 0.0001 instead of 0.000001, which allowed for a greater increase in lifetime cancer risk.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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