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AMERICAN CHEMISTRY COUNCIL v. E.P.A.

No. 01-1216.

337 F.3d 1060 (2003)

AMERICAN CHEMISTRY COUNCIL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 2003.

Attorney(s) appearing for the Case

Michael W. Steinberg argued the cause for petitioner. With him on the briefs were David F. Zoll and Leslie A. Hulse.

Thomas Sayre Llewellyn argued the cause for amicus curiae American Petroleum Institute in support of petitioner. With him on the brief were G. William Frick and Ralph J. Colleli, Jr.

Jon M. Lipshultz, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Steven E. Silverman, Attorney, U.S. Environmental Protection Agency. John C. Cruden, Assistant Attorney General, U.S. Department of Justice, entered an appearance.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The American Chemistry Council (ACC) petitions for review of a rule promulgated by the Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901-6992(k), treating as a "hazardous waste" any substance that is either mixed with or derived from a listed hazardous waste. The effect is to render such mixtures and derivatives...

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