Mobil Oil Corp. v. United States Environmental Protection Agency

35 F.3d 579 (1994)

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Mobil Oil Corp. v. United States Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
35 F.3d 579 (1994)

Facts

This case involved three rules promulgated by the United States Environmental Protection Agency (EPA) (defendant): the mixture rule, the derived-from rule, and the Bevill-mixture rule. Mobil Oil Corp. (plaintiff) and other parties challenged the rules. In 1991, the D.C. Circuit vacated the mixture and derived-from rules because the EPA failed to comply with the Administrative Procedure Act’s notice-and-comment requirements. Because the case was disposed of on procedural grounds, the court did not determine whether the EPA had exceeded its authority under the Resource Conservation and Recovery Act of 1976. The Bevill-mixture rule had been based in part on the mixture rule since vacated, so the D.C. Circuit later vacated and remanded the Bevill-mixture rule as well. In the interim final rule, the EPA repromulgated the characteristic waste provision of the Bevill-mixture rule and Subtitle C mixture and derived-from rules. Congress later enacted the Chafee Amendment, which codified the mixture and derived-from rules.

Rule of Law

Issue

Holding and Reasoning (Buckley, J.)

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