AMERICAN PETROLEUM INSTITUTE v. E.P.A.

No. 09-1038.

683 F.3d 382 (2012)

AMERICAN PETROLEUM INSTITUTE, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2012.


Attorney(s) appearing for the Case

Thomas Sayre Llewellyn argued the cause for petitioner. With him on the briefs were Harry M. Ng , Michael R. See , and Wayne J. D'Angelo .

Daniel R. Dertke , Attorney, U.S. Department of Justice, argued the cause and filed the brief for respondent.

Vincent Atriano argued the cause for movant-intervenor Gulf Chemical Metallurgical Corporation. With him on the brief was Rebekah M. VanDrake .

Opinion for the Court filed by Chief Judge SENTELLE.


SENTELLE, Chief Judge:

American Petroleum Institute (API) petitions for review of a 2008 EPA regulation deregulating many "hazardous secondary materials" under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901-6992k. Petitioner contends that EPA erred in not including in the deregulation a category of hazardous secondary material called spent refinery catalysts, which API's members generate during the petroleum refining process. After...

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