DC Circ. Punts API Suit Over EPA Hazardous Waste Rule

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.

“Waiting to resolve this case allows...
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