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

No. 02-1326.

365 F.3d 46 (2004)

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

United States Court of Appeals, District of Columbia Circuit.

Reconsideration Denied June 23, 2004.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

In our original opinion, 350 F.3d 1263 (D.C.Cir.2003), we considered a challenge to an EPA rule that exempted certain recycled zinc fertilizer products from regulation under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901. The new rule, in relevant part, exempted such products from RCRA so long as their contaminant levels fell below specified limits set by EPA....

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