ELR Citation: 50 ELR 20092
No(s). 18-2230 (JDB) (D.D.C. Apr 15, 2020) (Bates, J.)

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals. The groups argued that EPA failed to perform its statutory duty under RCRA to develop and publish minimum guidelines for public participation in the approval. The court found that it was unclear whether RCRA sets forth a nondiscretionary duty to publish public-participation guidelines, but to the extent that it does, EPA satisfied the requirement by publishing interim final guidance on state permitting programs. The groups also argued that EPA's approval of the program was arbitrary and capricious under the APA. The court found that the program violated RCRA by permitting the continued operation of unlined impoundments, and thus that EPA's approval of this aspect of the program was arbitrary and capricious, but that the Agency's approval as to all other aspects of the program was not. It therefore vacated EPA's approval of the program with respect to unlined surface impoundments and remanded to the Agency for further consideration, but denied the groups' motion for summary judgment with respect to all other claims.