Abstract
Until 1970, the Glen Burie Sanitary Landfill was a privately owned open dump site. It was uncontrolled, and no records of disposal were maintained. Between 1970 and 1982 Anne Arundel County operated a dump site at Glen Burie under a state permit. The landfill was closed in 1982. Samples of groundwater taken from the area in 1983 contained elevated levels of organic and inorganic contaminants. The US Environmental Protection Agency (USEPA) concluded that releases from the landfill had been observed. It was undisputed that the USEPA based its conclusion that a release had been observed by only testing groundwater samples that were unfiltered to determine the “toxicity‐persistence” level. By scoring the site pursuant to the Hazardous Ranking System at a level substantially higher than the cutoff for inclusion on the National Priorities List (NPL) of hazardous waste sites, the USEPA proposed the site be placed on the NPL. The county appealed. The appellate court found that UEPA had acted arbitrarily and capriciously when it used only unfiltered samples to test the groundwater.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
