Last Friday, the D.C. Circuit Court of Appeals vacated EPA’s rule adding the West Vermont Drinking Water Contamination Site to the National Priorities List, finding EPA’s decision to be arbitrary and capricious and not supported by substantial evidence. 
As the opinion makes clear, EPA has to work pretty hard to lose these cases.
Why did EPA lose?
The critical issue was whether the overburden and bedrock aquifers beneath the site were directly connected. … More