Sanders Lead Co. v. Thomas
Sanders Lead Co. v. Thomas
Opinion of the Court
The Resource Conservation and Recovery Act (RCRA), 42 U.S.C.A. § 6901, et seq., requires a “permit” for the operation of a hazardous waste management facility. Sanders Lead Company, Inc. was operating under an “interim status” pending completion of its RCRA permit application. As an “interim status” facility, Sanders was subject to certain performance standards, including requirements for sudden and non-sudden accidental occurrences insurance coverage. Sanders applied for a variance from the nonsudden accident insurance requirement, which variance was denied by the Environmental Protection Agency (EPA), Region IV. The Region IV decision was affirmed on appeal to the EPA Administrator. Sanders then filed this petition for review challenging EPA’s final action. EPA moved to dismiss for lack of jurisdiction.
Title 42 U.S.C.A. § 6976(b)(1) provides for a review in the appropriate Court of Appeals when the EPA takes final action “issuing, denying, modifying, or revoking any permit____” Following the reasoning expressed in Hempstead County and Nevada County Project v. EPA, 700 F.2d 459, 462 (8th Cir. 1983), we hold “that Section
Respondents’ motion to dismiss this appeal for lack of jurisdiction is GRANTED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.