American Chemistry Council v. Environmental Protection Agency

337 F.3d 1060 (2003)

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American Chemistry Council v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
337 F.3d 1060 (2003)

SH

Facts

The Resource Conservation and Recovery Act (RCRA) required that the Environmental Protection Agency (EPA) (defendant) regulate how hazardous waste was identified, treated, and disposed of. After a material was been identified as hazardous by the EPA, a particular facility could petition for delisting if it could prove that the waste no longer met the criteria for the particular type of hazardous waste. The EPA modified the regulatory definition of all hazardous waste to include any mixture of solid wastes that include a listed hazardous waste in part. The American Chemistry Council (ACC) filed suit seeking review of the modified definition on the grounds that the EPA did not have the authority to enact the rule. The ACC argued that the modified definition included mixtures that did not have harmful characteristics and Congress therefore could not have intended to include them in the RCRA.

Rule of Law

Issue

Holding and Reasoning (Ginsburg, J.)

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Environmental Law

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