ELR Citation: ELR 21359
No(s). 90-1160 (D.C. Cir. Aug 17, 1990)

The court rules that the Environmental Protection Agency's (EPA's) approval of a "no-migration" petition under §3004 of the Resource Conservation and Recovery Act (RCRA) is not reviewable under RCRA §7006. The no-migration exemption from RCRA's ban on the land disposal of hazardous waste allows an applicant to build an underground injection well for hazardous waste disposal if it can demonstrate that no migration of hazardous constituents will occur for as long as the waste remains hazardous. Environmental organizations sought direct review of EPA's decision, arguing that EPA's approval of the company's no-migration petition amounted to the promulgation of a regulation. The court holds that EPA's decision does not qualify as the promulgation of a regulation. EPA's action concerns a single well in a single town, and it does not involve the interpretation of a regulation or constitute a decision of widespread application.

Counsel for Petitioners
David R. Case
Hazardous Waste Treatment Council
1440 New York Ave., NW, Washington DC 20005
(202) 783-0870

Jane L. Bloom, Jacqueline M.Warren
Natural Resources Defense Council, Inc.
122 E. 42nd St., 45th Fl., New York NY 10168
(202) 949-0049

Counsel for Respondent
Peter W. Colby
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before SILBERMAN, D.H. GINSBURG, and THOMAS, Circuit Judges.