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Solite Corp. v. EPA

952 F.2d 473 (1991)

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Solite Corp. v. EPA

United States Court of Appeals for the District of Columbia Circuit
952 F.2d 473 (1991)

  • Written by Heather Whittemore, JD

Facts

The Environmental Protection Agency (EPA) (defendant) was tasked with regulating the management of hazardous waste under the Resource Conservation and Recovery Act. The EPA proposed to exempt several substances from regulation and relied on the 1985 Biennial Report to determine which substances to exempt. The EPA conducted public hearings and gave interested parties an opportunity to comment on its proposed regulation of hazardous waste. In its final rule, the EPA exempted fewer substances than in its initial proposal and used data from the TSDR Survey, which was not available during the notice-and-comment period. The TSDR Survey updated and expanded data that was contained in the 1985 Biennial Report. Solite Corporation (plaintiff) alleged that the EPA violated the notice-and-comment requirements of § 553(b) of the Administrative Procedure Act by relying on data that was not available during the notice-and-comment period.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Administrative Law

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