HOWMET CORP. v. E.P.A.

No. 09-5360.

614 F.3d 544 (2010)

HOWMET CORPORATION, Appellant v. ENVIRONMENTAL PROTECTION AGENCY and Lisa Perez Jackson, Administrator, United States Environmental Protection Agency, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 2010.


Attorney(s) appearing for the Case

Bryan J. Moore argued the cause and filed the briefs for appellant.

Donald J. Patterson, Jr. and Bethany S. French were on the brief for amicus curiae Alliance of Automobile Manufacturers in support of appellant.

Justin R. Pidot, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief was Robert H. Oakley, Attorney.

Dissenting opinion filed by Circuit Judge KAVANAUGH.


BROWN, Circuit Judge:

The Environmental Protection Agency (EPA or the Agency) says Howmet Corporation (Howmet) violated the Resource Conservation and Recovery Act and the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§ 6901 et seq. (collectively RCRA), and its implementing regulations. Howmet says its actions were permitted by the regulations. Whether viewed as a syntactical ambiguity or a semantic...

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