United States DC Circuit

The EPA had authority under the Resource Conservation and Recovery Act, to promulgate a rule treating as a "hazardous waste" any substance that is either mixed with or derived from a listed hazardous waste.

Appellate Information

• Argued 02/24/2003
• Decided 08/08/2003
• Published 08/08/2003

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael W. Steinberg argued the cause for petitioner.   With him on the briefs were David F. Zoll and Leslie A. Hulse., Thomas Sayre Llewellyn argued the cause for amicus curiae American Petroleum Institute in support of petitioner.   With him on the brief were G. William Frick and Ralph J. Colleli, Jr.


• For Appellees:
  
• Jon M. Lipshultz, Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief was Steven E. Silverman, Attorney, U.S. Environmental Protection Agency.  John C. Cruden, Assistant Attorney General, U.S. Department of Justice, entered an appearance.