United States DC Circuit

Petition for review of regulation governing the permitting process for facilities that burn hazardous waste as fuel is denied over claims that: 1) the regulation fails to spell out the information that is required in a permit application; 2) the regulation is impermissibly vague with respect to the trigger for requiring an site-specific risk assessment; and 3) respondent failed to provide adequate notice of part of its rationale for the SSRA program, and likewise failed to respond to petitioner's significant comments thereon. Challenge to Human Health Risk Assessment Protocol guidance document is denied as it is not a final regulation or requirement and court lacks jurisdiction to review it.

Appellate Information

• Argued 04/16/2007
• Decided 07/13/2007
• Published 07/13/2007

Judges

• Before:  HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard G. Stoll, Jr. argued the cause for petitioner.   With him on the briefs was Katherine E. Lazarski.


• For Appellees:
  
• David J. Kaplan, 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 Laurel Celeste, Counsel, U.S. Environmental Protection Agency.  Cynthia J. Morris, Attorney, U.S. Department of Justice, entered an appearance.