10th Circ. Revives EPA's Suit Against US Magnesium

Law360, New York (August 18, 2010, 6:14 PM EDT) -- A federal appeals court has ruled that the U.S. Environmental Protection Agency may change a tentative interpretation of a regulation without seeking public comment, overturning a judgment in favor of magnesium producer U.S. Magnesium LLC.

The U.S. Court of Appeals for the Tenth Circuit ruled that because the interpretation of the Resource Conservation and Recovery Act of 1976 at the heart of the dispute between the agency and U.S. Magnesium was tentative rather than definitive, the EPA was at liberty to adopt a reasonable but different...
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