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CALIFORNIA COMMUNITIES AGAINST TOXICS v. E.P.A.

No. 18-1163.

928 F.3d 1041 (2019)

CALIFORNIA COMMUNITIES AGAINST TOXICS, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY and Andrew Wheeler, Administrator, U.S. Environmental Protection Agency, Respondents. American Chemistry Council, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 2019.

Attorney(s) appearing for the Case

Khushi Desai argued the cause for petitioners. With her on the briefs was James S. Pew.

Perry M. Rosen , Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, and Jonathan Brightbill , Deputy Assistant Attorney General.

Thomas Sayre Llewellyn , Washington, DC, argued the cause for intervenor-respondents. With him on the brief were Stacy R. Linden , Matthew A. Haynie , Richard S. Moskowitz , Wayne J. D'Angelo , Peter C. Tolsdorf , Timothy K. Webster , Leslie A. Hulse , Aaron J. Wallisch , Kevin A. Gaynor , John P. Elwood , and Jeremy C. Marwell , Joshua S. Johnson , Washington, DC, entered an appearance.

Before: Henderson and Rogers, Circuit Judges, and Sentelle, Senior Circuit Judge.

In 1976, Congress enacted the Resource Conservation and Recovery Act of 1976 ("RCRA"), as amended, 42 U.S.C. §§ 6901-6992k, to address the environmental and health risks associated with hazardous solid waste. Subtitle C of RCRA required the Environmental Protection Agency to issue regulations governing the storage...

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