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Northeast Maryland Waste Disposal Authority v. EPA

358 F.3d 936 (2004)

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Northeast Maryland Waste Disposal Authority v. EPA

United States Court of Appeals for the District of Columbia Circuit
358 F.3d 936 (2004)

  • Written by Heather Whittemore, JD

Facts

The Environmental Protection Agency (EPA) (defendant) was tasked with regulating incinerators under the Clean Air Act. The EPA proposed a series of rules that provided different standards for incinerators depending on whether the incinerators were small or large. The EPA explained its reasoning behind the size classifications in the preamble to a proposed rule that was never adopted. In 2000 the EPA proposed a new rule that relied on its previous size classifications for incinerators. In its rationale for the 2000 rule, the EPA mentioned several dockets that were publicly available and explained that the rationale behind the EPA’s size classifications was contained in those dockets. The Northeast Maryland Waste Disposal Authority (the Disposal Authority) (plaintiff), along with other members of the municipal-waste industry, challenged the EPA’s proposed rule. The Disposal Authority highlighted the EPA’s failure to satisfy § 307(d) of the Clean Air Act, which required the EPA to include a statement of basis and purpose within each proposed rule that summarized the legal interpretations and policy concerns underlying the proposed rule.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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