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State of Washington, Department of Ecology v. United States Environmental Protection Agency

752 F.2d 1465 (1985)

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State of Washington, Department of Ecology v. United States Environmental Protection Agency

United States Court of Appeals for the Ninth Circuit
752 F.2d 1465 (1985)

Facts

The Resource Conservation and Recovery Act (RCRA) empowered the United States Environmental Protection Agency (EPA) to administer a comprehensive federal program for the management of hazardous waste. RCRA also authorized state governments to implement their own hazardous-waste-management programs, provided that those programs were substantially equivalent to the EPA program. The State of Washington (the state) (plaintiff) sought EPA approval of the state’s own RCRA-equivalent program. The EPA administrator refused to approve the program to the extent that it would apply to Native Americans on Native American lands, reasoning that Congress did not intend to confer such authority on state governments. The state petitioned the United State Court of Appeals for the Ninth Circuit for review of the EPA decision.

Rule of Law

Issue

Holding and Reasoning (Canby, J.)

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