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GENERAL MOTORS CORP. v. E.P.A.

No. 02-1242.

363 F.3d 442 (2004)

GENERAL MOTORS CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY and Michael O. Leavitt, Administrator, United States Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 2004.

Attorney(s) appearing for the Case

John N. Hanson argued the cause for petitioner. With him on the briefs were Donald J. Patterson, Jr. and Justin A. Savage.

Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Thomas L. Casey, Solicitor General, Robert P. Reichel and Thaddeus E. Morgan, Assistant Attorneys General, were on the brief for amicus curiae State of Michigan in support of petitioner.

Robert J. Martineau, Jr. and Edward M. Callaway were on the brief for amici curiae Alliance of Automobile Manufacturers, et al. in support of petitioner. Alison A. Keane and Julie C. Becker entered appearances.

Jon M. Lipshultz, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Mary E. Gleaves, Counsel, U.S. Environmental Protection Agency.

Before: SENTELLE, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The General Motors Corporation ("GM") petitions for review of May 7, 2002 letters from an enforcement official at the Environmental Protection Agency ("EPA") regarding nascent enforcement actions based on a regulatory interpretation that automobile manufacturing paint purge solvents are "solid waste" under the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §...

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