United States DC Circuit

Court lacks jurisdiction over this challenge to a regulatory interpretation that automobile paint purge solvents are "solid waste" under the Resource Conservation and Recovery Act. Preliminary enforcement statements made as part of an informal agency-industry dialogue do not, of themselves, finally determine any rights or obligations under the Act.

Appellate Information

• Argued 02/19/2004
• Decided 04/02/2004
• Published 04/02/2004

Judges

• Before:  SENTELLE, ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John N. Hanson argued the cause for petitioner.   With him on the briefs were Donald J. Patterson, Jr. and Justin A. Savage., Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Thomas L. Casey, Solicitor General, Robert P. Reichel and Thaddeus E. Morgan, Assistant Attorneys General, were on the brief for amicus curiae State of Michigan in support of petitioner., Robert J. Martineau, Jr. and Edward M. Callaway were on the brief for amici curiae Alliance of Automobile Manufacturers, et al. in support of petitioner.  Alison A. Keane and Julie C. Becker entered appearances.


• For Appellees:
  
• Jon M. Lipshultz, Attorney, U.S. Department of Justice, argued the cause for respondents.   With him on the brief were John C. Cruden, Deputy Assistant Attorney General, and Mary E. Gleaves, Counsel, U.S. Environmental Protection Agency.