Monday, June 30, 2014

Recent Supreme & Appeals Court Cases

<> Corey v. Rocky Mountain Farmers Union – In the U.S. Supreme Court, appealed from the U.S. Court of Appeals, Ninth Circuit. Docket No. 13-1308. Petition denied with no comment.

<> Sierra Club v. EPA - 6/27/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 08-1144. Petitioners sought review of EPA's Gasification Exclusion Rule, arguing that it violated RCRA's plain language requiring the regulation of hazardous wastes used as fuel. The Panel said, "We hold that the regulation violates the plain language of RCRA and, for that reason, is vacated."

<> Natural Resources Defense v. EPA - 6/27/14. In the U.S. Court of Appeals, D.C. Circuit, Case No. 98-1379. Petitioners seek review of a portion of a 1998 EPA's rule creating a "Comparable Fuels Exclusion" from regulation under RCRA. The Panel said, "We conclude the
Comparable Fuels Exclusion is inconsistent with the plain language of section 6924(q), which requires that EPA establish standards applicable to all fuel derived from hazardous waste. . . and vacate the Comparable Fuels Exclusion."