ELR Citation: 42 ELR 20064
No(s). 09-1269 (D.C. Cir. Jan 14, 2011)

The D.C. Circuit denied a petition challenging a magnesium plant's inclusion on the NPL. EPA uses a hazard ranking system (HRS) to determine whether to place a site on the NPL. Petitioners argued that EPA erred in calculating the HRS score and that if these errors were corrected, the site's HRS score would fall below the 28.5 threshold for listing on the NPL. But EPA's scoring was consistent with the HRS. Thus, listing of petitioner's site on the NPL was not arbitrary or capricious.