Sierra Club, et al. v. EPA, No. 08-1144 (D.C. Cir. 2014)Annotate this Case
Petitioners sought review of the EPA's rule exempting from regulation under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., certain hazardous residuals left over from the petroleum refining process (the Gasification Exclusion Rule). The court held that petitioners had standing; their petitions for review were timely; and the Gasification Exclusion Rule violates the plain statutory text of section 6924(q). Accordingly, the court denied the petition for review in No. 08-1145 and granted the petitions for review Nos. 08-1144 and 12-1295. The court vacated the Gasification Exclusion Rule.