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Fertilizer Institute v. Environmental Protection Agency

935 F.2d 1303 (1991)

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Fertilizer Institute v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
935 F.2d 1303 (1991)

  • Written by Liz Nakamura, JD

Facts

The Environmental Protection Agency (EPA) (defendant) set a reportable-quantity rule for when a release of radionuclides into the environment triggered the notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Radionuclides are radioactive forms of elements with unstable nuclei that release radiation as part of radioactive decay. The EPA’s reportable-quantity rule stated that merely storing radionuclides in an unenclosed containment structure, defined as any structure with at least one open side, counted as a reportable release even if no actual release into the air, water, or soil occurred. The EPA claimed this was necessary because storing radionuclides in an unenclosed container created a high risk the radionuclides would be released into the environment. Fertilizer Institute (plaintiff), among other businesses, petitioned for review.

Rule of Law

Issue

Holding and Reasoning (Henderson, J.)

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Casebooks

Environmental Law

Key Terms