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Citizens for a Better Env't v. Costle

Citation: 10 ELR 20170
No. No. 79-1263, 617 F.2d 851/14 ERC 1198/(D.C. Cir., 02/12/1980)

Affirming the district court, the District of Columbia Circuit Court of Appeals concludes that a suit to compel the Environmental Protection Agency (EPA) to issue standards to determine whether sewage sludge qualifies as a hazardous waste under the Resource Conservation and Recovery Act (RCRA) is not ripe for consideration. Appellant sought a declaratory judgment that EPA had a non-discretionary duty to include such standards in its forthcoming regulations. Appellant appealed from that portion of the decision in Illinois v. Costle, 9 ELR 20243 (D.D.C. Nov. 7, 1978), which denied relief on the regulation of sewage sludge. The court of appeals finds that the suit is not ripe until EPA acts by issuing final regulations. Once such regulations are issued, there will be ample opportunity to review them, including the issue raised by appellant.

Counsel for Appellant
Bill Forcade
59 E. Van Buren St., Chicago IL 60605
(312) 939-1530

Counsel for Appellees
Gail Osherenko; James W. Moorman, Ass't Attorney General; Barry J. Trilling, Edward J. Shawaker
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2737

Before Tamm, MacKinnon & Gasch*, JJ.