Alabama ex rel. Siegelman v. United States Environmental Protection Agency

EDMONDSON, Circuit Judge:

Pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901-6992k (1982 & Supp. V 1987) (“RCRA”), the Environmental Protection Agency (“EPA”) issued a final operating permit for the nation’s largest hazardous waste management facility, located at Emelle, Alabama. We are asked to decide whether EPA’s procedures in issuing the permit were sufficient to exempt EPA from performing an environmental impact study in compliance with the National Environmental Policy Act, 42 U.S.C. §§ 4321-4370b (1982 & Supp. V 1987) (“NEPA”). The answer is “Yes.” We are…