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SAFE FOOD AND FERTILIZER v. E.P.A.

No. 02-1326.

350 F.3d 1263 (2003)

SAFE FOOD AND FERTILIZER, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 2003.

Attorney(s) appearing for the Case

Riyaz A. Kanji argued the cause for petitioners. With him on the briefs were Melissa Powers, Nina A. Mendelson and Charles M. Tebbutt.

Martin F. McDermott, 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.

Before: EDWARDS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

Zinc fertilizers can be produced either from virgin materials or recycled byproducts of certain industrial processes. In the rule under review here, the Environmental Protection Agency resolved that Subtitle C of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901, would not apply to the recycled materials used to make zinc fertilizers...

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