Sunday, May 12, 2013

Chemical Waste Management, Inc. v. United States E.P.A case brief

Chemical Waste Management, Inc. v. United States E.P.A case brief
873 F.2d 1477, 277 U.S. App. D.C. 220, 29 ERC 1561 (D.C. Cir. 1989)

CASE SYNOPSIS: Petitioner waste management company sought review of the decision of the respondent U.S. Environmental Protection Agency (EPA), which established informal procedures for administrative hearings concerning the issuance of corrective action orders under § 3008(h) of the Resource Conservation and Recovery Act, as modified by the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C.S. § 6928(h).

FACTS: Waste management company filed a claim contending that the EPA regulations, 40 C.F.R. Part 24 (1988), established informal procedures for administrative hearings concerning the issuance of corrective action orders under § 3008(h) of the Resource Conservation and Recovery Act (RCRA), as modified by the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C.S. § 6928(h). On appeal, the court denied the petition for review because the procedures for hearings on corrective action orders under § 3008(h) reflected a reasonable interpretation of an ambiguous statutory mandate and were not, on their face, inconsistent with the constitutional requirement of due process. The court concluded that the EPA had provided a reasonable explanation for its choice of informal procedures in 40 C.F.R. Part 24 (1988), based on the number and nature of factual issues expected by the RCRA. The court found that the cost-benefit analysis indicated that formal procedures did not promise a sufficient lowering of the risk of error to justify their significant expense to the government.

CONCLUSION: The court denied the petition for review of the EPA's decision establishing procedures for administrative hearings regarding the issuance of corrective action orders under the RCRA.


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