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Safe Food & Fertilizer v. EPA

Citation: 34 ELR 20027
No. No. 02-1326, (D.C. Cir., 04/23/2004) petition for rehearing

The D.C. Circuit held that on remand EPA must explain how the risk assessments it used in exempting certain recycled zinc fertilizer products from regulation under RCRA compare with the risk threshold estimates in a private study. Petitioners were limited to challenging EPA's claim that its study and the private study generated similar results since the petitioners already had the opportunity to challenge the studies and to submit their own studies below. Nevertheless, the court concluded that it erred insofar as it simply accepted EPA's claim that its risk assessment, on which the Agency could properly rely, generated results sufficiently comparable to the private study, on which the Agency did not rely, for the court to use the private study to evaluate whether EPA's claim regarding identity was plausible.