Legal Opinion

Shell Oil Company v. Environmental Protection Agency

Court of Appeals for the D.C. Circuit

Decided February 12, 1992No. 80-1532, 80-1570, 80-1572, 80-1869, 80-1881A, 80-1888, 80-1890, 80-1909A, 80-1938, 80-1955A, 80-1976, 80-1978A, 80-1987A, 80-1988, 80-1998 and 81-1452PublishedCited by 105 opinions

1Opinion of the Court

Opinion PER CURIAM.

2Per curiam

In these consolidated cases, petitioners challenge both the substance of several rules promulgated by the Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976 and its compliance with the Administrative Procedure Act’s rulemaking requirements.

Consolidated petitioners 1 challenge two rules that categorize substances as hazard ous wastes until a contrary showing has been made: the “mixture” rule, which classifies as a hazardous waste any mixture of a “listed” hazardous waste with any other solid waste, and the “derived-from” rule,…

3Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Deakins v. MonaghanSupreme Court of the United States · 1988
  4. International Harvester Co. v. RuckelshausCourt of Appeals for the D.C. Circuit · 1973
  5. Kenneth Adams v. Elliot L. Richardson, Individuallyand as Secretary of the Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1973

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4Cited by105 opinions

  1. Jerome Stevens Pharmaceuticals, Inc. v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2005
  2. City of Waukesha v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2003
  3. United States of America, United States of America, State of Louisiana, Intervenor-Appellee v. Marine Shale Processors, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1996
  4. Covad Communications Co. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2006
  5. International Union, United Mine Workers v. Mine Safety & Health AdministrationCourt of Appeals for the D.C. Circuit · 2005

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