Safe Food and Fertilizer v. Environmental Protection Agency

350 F.3d 1263 (2003)

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Safe Food and Fertilizer v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
350 F.3d 1263 (2003)

  • Written by Tammy Boggs, JD

Facts

The Environmental Protection Agency (EPA) (defendant) was authorized to regulate hazardous waste under the Resource Conservation and Recovery Act (RCRA). The EPA issued a rule providing that the RCRA did not apply to recycled materials used to make zinc fertilizers, or to the resulting fertilizers, if the materials complied with certain handling, storage, and reporting conditions and the fertilizers did not exceed specified chemical-concentration thresholds. The recycled materials were byproducts of industrial processes. Zinc fertilizer made from recycled materials was chemically indistinguishable from zinc fertilizer made from virgin materials. Opponents of the EPA’s rule (plaintiffs) petitioned for review, arguing that the recycled materials were discarded and thus solid waste under the RCRA.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

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Environmental Law

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