SIERRA CLUB v. E.P.A.

Nos. 08-1144, 08-1145, 12-1295.

755 F.3d 968 (2014)

SIERRA CLUB and Louisiana Environmental Action Network, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. American Petroleum Institute and Gasification Technologies Council, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2014.


Attorney(s) appearing for the Case

Khushi K. Desai argued the cause for petitioners. With her on the briefs were David R. Case and James S. Pew.

Norman L. Rave Jr. , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Robert G. Dreher , Acting Assistant Attorney General, and Alan H. Carpien , Attorney, U.S. Environmental Protection Agency. Cynthia J. Morris , Attorney, U.S. Department of Justice, entered an appearance.

Thomas Sayre Llewellyn argued the cause for intervenors. With him on the brief were Harry M. Ng and Deanne M. Ottaviano.   Michael R. See entered an appearance.

Opinion for the Court by Circuit Judge MILLETT.


MILLETT, Circuit Judge:

In 2008, the Environmental Protection Agency promulgated a rule that exempts from regulation under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 et seq., certain hazardous residuals left over from the petroleum refining process. See 73 Fed.Reg. 57 (Jan. 2, 2008). That exemption, referred to as the Gasification Exclusion Rule, applies when those residual materials are inserted into gasification...

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