In a recent lawflash, our colleagues in the litigation and environmental practice analyze the implications of the recent DC Circuit ruling in favor of the EPA’s national priorities listing (NPL) decisions. Meritor, Inc. challenged the US Environmental Protection Agency’s (EPA’s) listing of one of their facilities on the NPL under recent regulatory revisions that allowed the agency to consider “subsurface intrusion.” The DC Circuit rejected Meritor’s arguments, concluding that EPA’s decision was reasonable and consistent with the governing regulatory provisions. This decision will likely have a significant effect on the evaluation and remediation of contamination beneath manufacturing, chemical, and other industrial facilities around the country.