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American Mining Congress v. EPA
United States Court of Appeals for the District of Columbia Circuit
824 F.2d 1177 (D.C. Cir. 1987)
American Mining Congress and other trade associations representing mining and oil refining interests (plaintiffs) filed a petition for review in federal court challenging an Environmental Protection Agency’s (EPA) (defendant) rule amending the definition of “solid waste” under the Resource Conservation and Recovery Act of 1976 (RCRA). EPA’s authority under the RCRA was limited to regulating “hazardous waste,” a subset of “solid waste,” and defined as “any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material….” EPA modified the definition of “solid waste” to include material that is “a manufacturing or mining by-product and sometimes is discarded” which encompassed recycled materials. Plaintiffs allege the EPA exceeded its authority in altering the definition of “solid waste” under the RCRA.
Rule of Law
Holding and Reasoning (Starr, J.)
Dissent (Mikva, J.)
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