Tuesday, March 12, 2013

API v. United States EPA case brief

API v. United States EPA case brief summary
216 F.3d 50

SYNOPSIS: Industry and environmental petitioners sought review of orders of the Environmental Protection Agency promulgated under the Resource Conservation and Recovery Act, 42 U.S.C.S. § 6901 et seq. (1994), concerning the regulation of several secondary materials generated by the petroleum refining and petrochemical industries as "solid waste" and "hazardous waste."

OVERVIEW: Industry and environmental petitioners challenge regulations of the United States Environmental Protection Agency (EPA) promulgated under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C.S. § 6901 et seq. (1994), concerning the regulation of several secondary materials generated by the petroleum refining and petrochemical industries as "solid waste" and "hazardous waste."

ANALYSIS:
-The court of appeals denied the petition of the industry petitioners on all counts but one, which the court vacated and remanded to the EPA for further proceedings.
-The court found that the portion of EPA's decision declining to exclude oil-bearing wastewaters from the statutory definition of solid waste was not supported by a rational explanation and therefore held the decision to be arbitrary and capricious. Likewise, the court dismissed the environmental petitioner's claims on finding that it lacked jurisdiction to consider their claims.

OUTCOME: Industrial and environmental petitioners' requests for review were dismissed for lack of jurisdiction except for industrial petitioner's contention regarding the Environmental Protection Agency's decision to declining to exclude oil-bearing wastewaters from the statutory definition of solid waste, which was vacated and remanded.
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