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PUBLIC EMPLOYEES FOR ENVTL. RESPONSIBILITY v. EPA

No. 21-1187.

77 F.4th 899 (2023)

PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 2023.

Attorney(s) appearing for the Case

Paula Dinerstein argued the cause and filed the briefs for petitioner.

Sarah Izfar , Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the brief was Todd Kim , Assistant Attorney General.

Wayne J. D'Angelo was on the brief for amicus curiae Corrosivity Coalition in support of respondent.

Before: Henderson and Pan, Circuit Judges, and Edwards, Senior Circuit Judge.

The Resource Conservation and Recovery Act of 1976 ("RCRA") governs the treatment, storage, and disposal of hazardous waste. In implementing the RCRA, the Environmental Protection Agency ("EPA") promulgated a rule under which waste is deemed "hazardous" if it is "corrosive." A scientist and a public interest group unsuccessfully...

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