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District Court of Appeals ruling on the petition for review of final EPA action placing the CTS of Asheville site on the National Priorities List

Release Date: 07/09/2014
Contact Information: James Pinkney, (404) 562-9183 (Direct), (404) 562-8400 (Main) pinkney.james@epa.gov

ATLANTA – On July 8, 2014, the United States Court of Appeals for the District of Columbia Circuit issued its ruling in the challenge to the placement of the CTS of Asheville, Inc. site on the Environmental Protection Agency’s (EPA) National Priorities List (NPL). The court denied CTS Corporation’s petition for review of this EPA listing action. With this ruling, the CTS of Asheville, Inc. site will remain on the NPL.

The EPA spent considerable effort in developing the record that supported the decision to place the site on the NPL, which ultimately was the basis of the court decision. Contrary to CTS’ arguments, the court found that the Agency conducted sufficient scientific testing to determine that the site contributed some portion of TCE contamination and that an alternative contamination source was unlikely. In issuing its opinion, the court looked favorably upon the detailed scientific efforts EPA took to support its NPL listing decision.

The final decision of the Court can be viewed at: http://www.cadc.uscourts.gov/internet/opinions.nsf/361714CE555A736085257D0F004ED2B3/$file/12-1256-1501244.pdf