Legal Opinion

Horsehead Resource Development Co. v. Environmental Protection Agency

Court of Appeals for the D.C. Circuit

Decided December 12, 1997No. 95-1286PublishedCited by 1 opinion

1Opinion of the Court

Opinion for the court filed by Circuit Judge KAREN LeKRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioner, Horsehead Resource Development Company (Horsehead), asks this Court to vacate a de-listing rule of the Environmental Protection Agency (EPA). The rule excludes electric arc furnace dust treated by the Super Detoxtm process from the list of “hazardous wastes” regulated by the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., (RCRA). Horsehead contends that EPA promulgated the de-listing rule in violation of the Administrative Procedure Act, 5 U.S.C. §§…

2Cases cited11 opinions

  1. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  2. United States v. LockeSupreme Court of the United States · 1985
  3. Dalton v. SpecterSupreme Court of the United States · 1994
  4. Steel Manufacturers Ass'n v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1994
  5. Industrial Union Department, Afl-Cio v. Dr. Eula Bingham, Assistant Secretary of Labor, the American Petroleum Institute, the National Petroleum Refiners Association on Behalf of Their Respective Members and American Petrofina, Incorporated v. Occupational Safety and Health Administration, United States Department of Labor, Dr. Eula Bingham, Assistant Secretary of Labor, and Ray Marshall, Secretary of Labor, Manufacturing Chemists Association, American Iron and Steel Institute, Independent Petroleum Association of America, Industrial Union Dept., Afl-Cio and United Rubber Workers, Afl-Cio, IntervenorsCourt of Appeals for the D.C. Circuit · 1977

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3Cited by1 opinion

  1. Horsehead Resource Development Company, Inc. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1997

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