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Dithiocarbamate Task Force v. Environmental Protection Agency

98 F.3d 1394 (1996)

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Dithiocarbamate Task Force v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
98 F.3d 1394 (1996)

Facts

Pursuant to the Resource Conservation and Recovery Act (RCRA), the Environmental Protection Agency (EPA) (defendant) listed several carbamate-based products and their waste streams as hazardous wastes. Those products, which consisted of four classes of carbamate compounds, were used as pesticides, herbicides, and fungicides and were also used by the rubber, wood, and textile industries. If the EPA listed a waste as hazardous, that waste was then included in a certain list, based on its assigned code, in accordance with the RCRA. Wastes generated by the manufacturing process were listed as K wastes. Chemical products or their intermediates that were hazardous if discarded or intended to be discarded were listed as U wastes. RCRA regulations required the EPA to consider 11 factors when determining how to list hazardous wastes. The Dithiocarbamate Task Force (task force) (plaintiff), which consisted of manufacturers who make or use various carbamate-based products, filed a lawsuit challenging some of the K and U listings.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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Casebooks

Environmental Law

Key Terms