Harmon Industries v. Carol Browner

HANSEN, Circuit Judge.

Harmon Industries, Inc., (Harmon) filed this action pursuant to the Administrative Procedure Act, 5 U.S.C. § 706 (1994), seeking judicial review of a final decision of the United States Environmental Protection Agency (EPA). The district court 2 granted summary judgment in favor of Harmon and reversed the decision of the EPA. The EPA appeals. We affirm.

I

FACTS AND PROCEDURAL BACKGROUND

Harmon Industries operates a plant in Grain Valley, Missouri, which it utilizes to assemble circuit boards for railroad control and safety equipment. In November 1987, Harmon’s personnel…