Law360, New York (June 8, 2012, 6:28 PM EDT) -- The D.C. Circuit declined Friday to consider an American Petroleum Institute petition asking the Environmental Protection Agency to review a 2008 rule deregulating certain types of hazardous waste, ruling that the EPA’s plan to revisit the rule makes the case unfit for the appeals court's consideration.
The three-judge panel found that a new notice of proposed rulemaking published by the EPA in July 2011, shortly after the close of briefing in the case, has made the issue unripe for adjudication.
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