Legal Opinion
United States v. Magnesium Corp. of America
Court of Appeals for the Tenth Circuit
Decided August 17, 2010No. 08-4185PublishedCited by 11 opinions
1Opinion of the Court
GORSUCH, Circuit Judge.
As its name advertises, U.S. Magnesium produces magnesium, though in doing so it also generates various waste byproducts. This lawsuit concerns five of those wastes. The government says that U.S. Magnesium’s handling of the wastes must but hasn’t complied with regulations promulgated under Subtitle C of the Resource Conservation and Recovery Act of 1976 (“RCRA”). For its part, U.S. Magnesium challenges the premise of the govern ment’s suit, arguing that the Environmental Protection Agency (“EPA” or the “Agency”) exempted the five wastes from Subtitle C’s strictures in a…
2Cases cited35 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
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3Cited by11 opinions
- New Mexico Health Connections v. HHSCourt of Appeals for the Tenth Circuit · 2019
- Colorado Department of Public Health & Environment, Hazardous Materials & Waste Management Division v. United StatesCourt of Appeals for the Tenth Circuit · 2012
- Canonsburg General Hospital v. SebeliusDistrict Court, District of Columbia · 2013
- Mortgage Bankers Association v. Seth HarrisCourt of Appeals for the D.C. Circuit · 2013
- Blanca Telephone Company v. FCCCourt of Appeals for the Tenth Circuit · 2021
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