American Mining Congress v. Thomas

LOGAN, Circuit Judge.

I

These consolidated cases involve challenges to the Environmental Protection Agency’s (EPA) standards governing stabilization and control of byproduct materials, primarily mill tailings, at licensed commercial uranium and thorium processing sites (the active mill sites). The EPA established these standards pursuant to its authority under the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA), as amended, 42 U.S.C. §§ 2022 and 7901-7942, the same statute that required the EPA to promulgate standards applicable to the inactive mill sites. With the exception of No.…