Legal Opinion

American Petroleum Institute v. Environmental Protection Agency

Court of Appeals for the D.C. Circuit

Decided July 7, 2017No. 09-1038; Consolidated with 15-1083, 15-1085, 15-1088, 15-1089, 15-1094PublishedCited by 14 opinions

1Opinion of the Court

Opinion dissenting in part filed by Circuit Judge TATEL.

2Per curiam

This case arises from the Environmental Protection Agency’s latest effort to define the term “solid waste” under the Resource Conservation and Recovery Act. In 2015, EPA promulgated a final rule governing when certain hazardous materials qualify as “discarded” and hence are subject to the agency’s regulatory authority. Environmental and Industry Petitioners have each petitioned for review of that rule, arguing that numerous aspects of it are unlawful and arbitrary and capricious. For the reasons explained, we grant the Industry petition…

3Cases cited26 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
  3. Auer v. RobbinsSupreme Court of the United States · 1997
  4. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  5. Sinochem International Co. v. Malaysia International Shipping Corp.Supreme Court of the United States · 2007

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4Cited by14 opinions

  1. ACA Int'l v. Fed. Commc'ns Comm'nCourt of Appeals for the D.C. Circuit · 2018
  2. Efreom v. McKeeCourt of Appeals for the First Circuit · 2022
  3. California Communities Against Toxics v. Envtl. Prot. AgencyCourt of Appeals for the D.C. Circuit · 2019
  4. Advocates for Highway and Auto Safety v. FMCSACourt of Appeals for the D.C. Circuit · 2022
  5. Kyle-Labell v. Selective Serv. Sys.District Court, D. New Jersey · 2019

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