Hazardous Waste Treatment Council v. United States Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
886 F.2d 355 (1989)
- Written by Eric Miller, JD
Facts
The Resource Conservation and Recovery Act (RCRA) directed the United States Environmental Protection Agency (EPA) (defendant) to work toward the reduction or elimination of land-based disposal of hazardous waste. RCRA also required the EPA to promulgate regulations specifying levels or methods for the treatment of such waste. The EPA initially proposed a rule that would base its treatment standards on health-screening levels, which were intended to evaluate the risks posed to health and the environment. The EPA solicited public comment. Eleven members of Congress criticized the proposed rule, asserting that RCRA mandated the adoption of treatment standards based on the best demonstrated available technology (BDAT). The EPA then switched entirely to BDAT for the purpose of the new treatment standards. The Hazardous Waste Treatment Council and other groups (plaintiffs) petitioned the United States Court of Appeals for the District of Columbia Circuit for review of the resulting EPA rule, arguing that the EPA’s underlying reasoning was not adequately explained.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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