D.C. Circuit Panel Skeptical Of PEER’s Push To Toughen RCRA Rules

November 16, 2022
A three-judge appellate panel appeared skeptical of environmentalists’ case challenging EPA’s 2011 denial of their petition asking the agency to tighten its “corrosivity” standard and other provisions under the Resource Conservation and Recovery Act (RCRA), saying the agency has discretion to determine what rules to write and deference in how to interpret its authority while questioning whether the case merits review. “It strikes me, even if we were to agree with you on some of these merits [arguments], you have...

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