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

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[Supplementing the administrative record might be proper if petitioners made a prima facie showing that the agency excluded from the record evidence adverse to its position[.]”
• finding it appropriate to supplement the record with adverse evidence when it appeared the agency was “at least negligent in failing to discover” certain internal documents
• acceding to the plaintiff’s request to supplement the record with three documents after considering each document and concluding that the plaintiff had made a pri-ma facie showing that the agency negligently excluded them from the record
• declining to supplement record with document created after EPA decision at issue
• “We have continually stressed that parties opposing NPL listing must present their claims clearly and specifically to the agency before raising them in a petition for review.”
• considering request to supplement the administrative record

Source: CourtListener parenthetical corpus (CC0).