Legal Opinion

Howmet Corp. v. Environmental Protection Agency

Court of Appeals for the D.C. Circuit

Decided August 6, 2010No. 09-5360PublishedCited by 25 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge BROWN.

Dissenting opinion filed by Circuit Judge KAVANAUGH. *547BROWN, Circuit Judge:

The Environmental Protection Agency (EPA or the Agency) says Howmet Corporation (Howmet) violated the Resource Conservation and Recovery Act and the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§ 6901 et seq. (collectively RCRA), and its implementing regulations. Howmet says its actions were permitted by the regulations. Whether viewed as a syntactical ambiguity or a semantic squabble, the dispute focuses on one question: when is a material no longer serving…

2Cases cited13 opinions

  1. Sierra Club v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2002
  2. Steele v. SchaferCourt of Appeals for the D.C. Circuit · 2008
  3. General Motors Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2004
  4. General Electric Company v. United States Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1995
  5. Kennecott Utah Copper Corporation v. United States Department of the Interior, American Iron and Steel Institute, IntervenorCourt of Appeals for the D.C. Circuit · 1996

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3Cited by25 opinions

  1. Oberwetter v. HilliardCourt of Appeals for the D.C. Circuit · 2011
  2. Menkes v. U.S. Department of Homeland SecurityCourt of Appeals for the D.C. Circuit · 2011
  3. Council For Urological Interes v. Sylvia Mathews BurwellCourt of Appeals for the D.C. Circuit · 2015
  4. SNR Wireless LicenseCo, LLC v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2017
  5. Wisconsin Resources Protection Council v. Flambeau Mining Co.Court of Appeals for the Seventh Circuit · 2013

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