Kent County, Delaware Levy Court v. United States Environmental Protection Agency

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

Petitioner, Kent County, Delaware Levy Court, challenges a decision by the EPA to add the Houston landfill, located in Kent County, Delaware, to the National Priorities List. Kent County contends that the EPA improperly calculated the landfill’s “waste characteristics” score by using only an unfiltered sample in testing the groundwater at the site. Petitioner also argues that the EPA failed to consider undisputed data concerning the size of the population potentially at risk in determining the site’s “distance to nearest…