Molycorp, Inc. v. EPA
Citation: 30 ELR 20214
No. No. 98-1400, 197 F.3d 543/49 ERC 1883/(D.C. Cir., 12/17/1999)
The court holds that it lacks jurisdiction to review a mining corporation's Resource Conservation and Recovery Act (RCRA) claims arising from a U.S. Environmental Protection Agency (EPA) document addressing whether certain mining processes produced hazardous waste. The document discussed the rare earth industry and the mining corporation's operations specifically. The court first holds that it lacks jurisdiction to review the document because it is not a regulation. The document neither sets out an interpretation of RCRA or of EPA's regulation, nor imposes obligations on regulated interests or on EPA. Rather, it is merely a nonbinding statement of EPA's views of how it plans to regard production of mineral commodities. The court additionally holds that if the corporation was correct in contending that the document constitutes a regulation, the corporation's petition for review would be untimely because review must be sought within 90 days of the promulgation of the regulation. Last, the court holds that the petition is not ripe for judicial review because a concrete controversy does not exit.
Counsel for Petitioner
James L. Meeder
Beveridge & Diamond
One Sansome St., Ste. 3400, San Francisco CA 94104
Counsel for Respondent
Daniel R. Dertke
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
Before Rogers and Garland, JJ.