DC Circ. Won't Review EPA Medical Incinerator Rule

Law360, Washington (June 24, 2011, 4:24 PM EDT) -- The D.C. Circuit on Friday declined to review a U.S. Environmental Protection Agency regulation setting performance standard for medical waste incinerators, dashing the hopes of two trade associations that said the data underlying the standards was faulty.

The Medical Waste Institute and Energy Recovery Council, trade associations representing the medical waste and waste-to-energy industries, argued that the data the EPA used to establish the standards was flawed, that the agency’s pollutant-by-pollutant approach to setting target emissions levels was impermissible and that the agency acted arbitrarily....
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