Kent County, Delaware Levy Court v. United States Environmental Protection Agency’s Empirical Analysis
963 F.2d 391 · 1992
Citation profile
21 federal appellate · 12 district · 1 state decisions
How this case has been cited
Cited by 49 later decisions — most recently July 2022 · most notably James Madison Limited, by Norman F. Hecht, Sr., Assignee v. Eugene A. Ludwig, Comptroller of the Currency (1996), Central Arizona Water Conservation District v. United States Environmental Protection Agency (1993)
21 federal appellate · 12 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Securities and Exchange Commission v. Chenery Corporation Same · United States v. Larionoff · Porzig v. Nolden · Eagle-Picher Industries, Inc. v. United States Environmental Protection Agency · San Luis Obispo Mothers for Peace v. United States Nuclear Regulatory Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The EPA’s decision to place a hazardous waste site on the NPL is the product of informal notice and comment rulemaking, reviewable under the arbitrary and capricious standard. Eagle-Picher Indus., Inc. v. EPA, 822 F.2d 132 , 137 n. 7 (D.C. Cir. 1987) (Eagle-Picher III). We will uphold the EPA’s decision if it is “consistent with the Act and the regulations promulgated thereunder, and is not arbitrary. City of Stoughton v. EPA, 858 F.2d 747 , 749 (internal quotation omitted). As the agency consistently reminds us, listing on the NPL does not require any action by any party, and does not determine any party’s liability for cost of cleanup at the site. See Eagle-Picher I. . . It is intended to be a “rough list” or prioritized hazardous waste sites; a “first step in a process-nothing more, nothing less.” Eagle-Picher Indus. v. EPA, 759 F.2d 922 , 932 (D.C. Cir. 1985) (Eagle-Picher II). Therefore, we have recognized the EPA’s interest in reconciling “the need for certainty before action with the need for inexpensive, expeditious procedures to identify potentially hazardous sites . . .” Eagle-Picher I, 759 F.2d at 921. But the agency must remain aware that placement on the NPL has serous consequences for a site’s owner. See B & B Tritech, Inc. v. EPA, 957 F.2d 882, 885 (D.C. Cir. 1992) (placement on the NPL has “considerable costs”); SCA Servs. of Indiana v. Thomas, 634 F. Supp. 1355, 1361-1366 (N.D.Ind. 1986) (recognizing the potential for damage to business reputation and loss of”
1 later decision quote this exact passagee.g. Gurley v. Mathis“Had the EPA simply checked the files at the Region III office, it would have found the documents ... [that] relate to the position of the agency's own experts on the question central to the case”). In such an instance, challengers are seeking to supplement, not complete, the record, and the court must look to a different test than whether the documents were considered directly or indirectly by the agency, and apply a different burden. See id. (allowing EPA documents into the record). For more discussion concerning the differences between”
1 later decision quote this exact passage“relat[ing] to the position of the agency's own experts on the question central to th[e] case.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.