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Illinois v. Gorsuch

Citation: 12 ELR 20102
No. Nos. 78-1689 et al., 530 F. Supp. 337/(D.D.C., 11/13/1981) District court jurisdiction denied

The court rules that the D.C. Circuit has exclusive jurisdiction to review the Environmental Protection Agency's (EPA's) suspension of Resource Conservation and Recovery Act (RCRA) regulations establishing operating standards for new and existing hazardous waste incinerators and surface impoundment storage facilities. EPA promulgated the regulations in January 1981 in response to the district court's order but later proposed to withdraw them. The court refuses to rule on whether EPA violated § 3010 of RCRA, which requires the regulations to go into effect six months after promulgation. Without a showing of a bad-faith effortto evade the court's order, EPA's promulgation of the regulations ends the district court's jurisdiction.

Counsel are listed at 12 ELR 20101.