ELR Citation: ELR 21201
No(s). 91-2466 (8th Cir. Jun 4, 1992)

In a precedential decision involving the U.S. Environmental Protection Agency's (EPA's) enforcement of its Resource Conservation and Recovery Act (RCRA) hazardous waste program, the court holds that the invalidation of the RCRA mixture rule in December 1991 by the U.S. Circuit Court of Appeals for the District of Columbia applies retroactively. In Shell Oil Co. v. EPA, the D.C. Circuit vacated EPA's mixture rule, which defined as hazardous any mixture of a hazardous waste and a solid waste, because EPA violated notice and comment rulemaking requirements when it promulgated the rule in 1980. The Eighth Circuit holds that the invalidation of the mixture rule applies retroactively to past EPA enforcement proceedings. The court sets aside a jury's verdict convicting an airplane painting company of RCRA criminal violations for disposing of hazardous waste without a permit. The court concludes that it is impossible to determine whether the jury found the waste to be a RCRA-listed F002 waste or whether it relied on the invalidated mixture rule.

[The D.C. Circuit's decision in Shell Oil Co. v. EPA is published at 22 ELR 20305.]

Counsel for Appellee
Environmental and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2774

Counsel for Appellants
James Harris
3300 First City Center, 1700 Pacific Ave., 37th Fl., Dallas TX 75201
(214) 969-1102

Before Lay^* and Wollman, JJ.