United States DC Circuit

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Howmet Corp. v. EPA, 09-5360

In an action claiming that the EPA's "spent material" hazardous waste regulation violated the Administrative Procedure Act, summary judgment for defendant is affirmed where: 1) the text of the EPA's definition was simply ambiguous with respect to whether the court should adopt plaintiff's "multiple, original purposes" approach to determining when a material is "spent," or whether the court should, instead, adopt the "original use"-based purpose test advanced by the EPA; and 2) the EPA's explanation of the definition of spent material in its Guidance Manual should have put plaintiff on notice of the EPA's interpretation of its "spent material" definition.

Appellate Information

  • Decided 08/06/2010
  • Published 08/06/2010

Judges

  • Janice Rogers Brown

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Bryan J. Moore, Justin R. Pidot