Abstract
The Comprehensive Environmental Response, Compensation, and Liability Act requires the establishment of a National Priorities List (NPL) of known or threatened releases of hazardous substances throughout the United States. The US Environmental Protection Agency (USEPA) places sites on the NPL according to a score generated by the Hazard Ranking System. Kent County, Del., operated a landfill between 1969 and 1980. In 1988, the USEPA proposed to place the landfill on the NPL because test data indicated the presence of contaminants. The county challenged the USEPA's calculation of the site's waste characteristics, alleging that it was based solely on the unfiltered groundwater sample taken in 1984. The appellate court found the USEPA's actions arbitrary and capricious and sent the case back for further consideration.
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