United States Tenth Circuit
US v. Magnesium Corp. of Am., 08-4185
In an action by the U.S. claiming that defendants' handling of wastes failed to comply with regulations promulgated under Subtitle C of the Resource Conservation and Recovery Act (RCRA), summary judgment for defendants is vacated where, because the EPA never previously adopted a definitive interpretation, it remained free, even under the legal precedents on which defendants sought to rely, to change its mind and issue a new interpretation of its own regulations without assuming notice and comment obligations.
Appellate Information
- Decided 08/17/2010
- Published 08/17/2010
Judges
- Neil Gorsuch
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Robert H. Oakley, Michael D. Zimmerman