NRDC and Sierra Club v. EPA, et al., No. 98-1379 (D.C. Cir. 2014)Annotate this Case
Petitioners sought review of a portion of a 1998 EPA rule creating a "Comparable Fuels Exclusion" from regulation under section 3004(q) of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6924(q). The court concluded that Environmental Petitioners have met their burden of demonstrating standing on behalf of their members. The court concluded that the Exclusion is inconsistent with the plain language of section 6924(q), which requires that EPA establish standards applicable to all fuel derived hazardous waste. Accordingly, the court granted the petitions for review and vacated the Exclusion. However, Environmental Technology Council lacked a cause of action and the court denied its petition for review.