ELR Citation: ELR 21356
No(s). 90-1368 (D.C. Cir. Jul 12, 1991)

The court holds that the Environmental Protection Agency's (EPA's) final rule under §120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) concerning transfers of contaminated property by federal agencies is inconsistent with the plain meaning of the statutory language. The court holds that EPA improperly interpreted the notice-and-comment requirements of §120(h) as applying only to properties where contamination occurred during the period of government ownership. The court concludes that by its terms, §120(h) requires agencies to disclose all information about hazardous substances on the property to the extent the information is contained in the agency's files, and the plain meaning of Congress' words thus extends the government's notice obligations to properties contaminated by prior owners. The court rejects challenges involving EPA's definition of "transfer" and alleged violations of the Administrative Procedure Act notice-and-comment rulemaking provisions.

Counsel for Petitioners
Carole Stern
McKenna, Conner & Cuneo
1575 I St. NW, Washington DC 20005
(202) 789-7500

Mark A. Ferrin
Thiokol Corporation
2475 Washington Blvd., Ogden UT 84401
(801) 629-2200

Counsel for Respondent
Barry M. Hartman
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before: MIKVA, Chief Judge, WILLIAMS and THOMAS, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.