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AMERICAN PETROLEUM INSTITUTE v. E.P.A.

No. 09-1038 Consolidated with 15-1083, 15-1085, 15-1088, 15-1089, 15-1094.

862 F.3d 50 (2017)

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 July 7, 2017.

Attorney(s) appearing for the Case

Jeremy C. Marwell and Thomas Sayre Llewellyn , Washington, DC, argued the causes for Industry Petitioners. With them on the briefs were Stacy R. Linden , Matthew A. Haynie , Dallas, TX, Aaron J. Wallisch , Washington, DC, Laura E. Boorman , Raleigh, NC, Kevin A. Gaynor , John P. Elwood , Roger R. Martella, Jr. , Joel Visser , Washington, DC, Linda E. Kelly , Houston, TX, Quentin Riegel , and Leslie A. Hulse , Washington, DC. Wayne D'Angelo , Harry M. Ng , and Michael R. See , Washington, DC, entered appearances.

Kenneth M. Kastner , Washington, DC, was on the brief for amici curiae Eastman Chemical Company and Solvay USA Inc. in support of Industry Petitioners.

James S. Pew argued the cause for Environmental Petitioners. With him on the briefs was Khushi K. Desai , Washington, DC.

Daniel R. Dertke , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were John C. Cruden , Assistant Attorney General, Douglas M. Bushey , Attorney, U.S. Department of Justice, and Alan Carpien , Attorney, U.S. Environmental Protection Agency.

Donald J. Patterson, Jr. , Washington, DC, argued the cause for Industry Intervenor-Respondents. With him on the brief were Eric L. Klein , Aaron J. Wallisch , Washington, DC, Laura E. Boorman , Raleigh, NC, John L. Wittenborn , Wayne D'Angelo , Kevin A. Gaynor , John P. Elwood , Jeremy C. Marwell , Leslie A. Hulse , Washington, DC, Linda E. Kelly , Houston, TX, Quentin Riegel , Roger R. Martella, Jr. , Joel Visser , James W. Conrad, Jr. , Thomas Sayre Llewellyn , Washington, DC, Stacy R. Linden , and Matthew A. Haynie , Dallas, TX. Douglas H. Green , Washington, DC, entered an appearance.

David R. Case , James S. Pew , Khushi K. Desai , Washington, DC, and Vincent Atriano , Columbus, OH, were on the joint brief for respondent-intervenors and movant-intervenor Gulf Chemical and Metallurgical Corp.

Opinion dissenting in part filed by Circuit Judge Tatel.

This case arises from the Environmental Protection Agency's latest effort to define the term "solid waste" under the Resource Conservation and Recovery Act. In 2015, EPA promulgated a final rule governing when certain hazardous materials qualify as "discarded" and hence are subject to the agency's regulatory authority. Environmental and Industry...

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