Tuesday, March 12, 2013

Dithiocarbamate Task Force v. EPA case brief

Dithiocarbamate Task Force v. EPA case brief summary
98 F.3d 1394


PROCEDURAL POSTURE: Petitioner, Dithiocarbamate task force, sought review of rulemaking by respondent, Environmental Protection Agency (EPA), which listed many carbamate-based products, as well as waste streams generated in carbamate-based production processes, as hazardous wastes under the Resource Conservation and Recovery Act (RCRA), codified at 42 U.S.C.S. §§ 6901-6992k.

OVERVIEW:
-The EPA listed many carbamate-based products, as well as waste streams generated in carbamate-based production processes, as hazardous wastes under RCRA.
-The Dithiocarbamate task force, manufacturers or represented manufacturers of various carbamate-based products, challenged a portion of the listings as arbitrary and capricious.

ANALYSIS:
Because the court found that in promulgating the challenged rules, the EPA failed to meet the minimum standard required of it by the Administrative Procedure Act, codified at 5 U.S.C.S. § 706(2)(A)(1994), the court vacated in part and affirmed in part. The EPA's discussion of the quantities of waste was slight and oblique; however, where the EPA failed was on the interlocked topics of other regulatory controls and mismanagement. Although it was tempting to say that the toxicity of these chemicals alone marked them as hazardous, 40 CFR § 261.11(a)(2) gave explicit toxicity benchmarks that were not satisfied. The failure on the EPA's part to give serious consideration to the "softer" variables of § 261.11(a)(3) turned its application into an exercise in totally standardless discretion. Accordingly, the challenged U listings were arbitrary and capricious.

HOLDING:: The court vacated in part and affirmed in part the decision of the EPA, which listed many carbamate-based products, as well as waste streams generated in carbamate-based production processes, as hazardous wastes under RCRA.

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