Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Petitioners petitioned for review of a regulation promulgated by the EPA setting performance standards for new and existing hospital/medical/infection waste incinerators ("HMIWI"). Petitioners argued that the data set EPA used to establish these standards was flawed, that the agency's pollutant-by-pollutant approach to setting target emissions levels was impermissible, and that the agency acted arbitrarily when it removed a provision exempting HMIWI from complying with the standards during periods of startup, shutdown, and malfunction. The court held that the EPA's decision to use emissions data from the HMIWI units remaining in operation after the implementation of the 1997 standards, once it determined that the data set upon which it had relied in 1997 was flawed, was reasonable. The court held, however, that it did not have jurisdiction to review the challenges to the EPA's long-standing practice of setting emissions floors based on emissions levels achieved by the best performing unit or units for each individual pollutant, and to the agency's removal of an exemption from compliance with emissions limitations during periods of startup, shutdown, and malfunction. Accordingly, the petitioned was dismissed in part and denied in part.

This appeal concerned whether the court or the district court had jurisdiction over matters relating to a citizen petition filed pursuant to FDA regulations promulgated under the Food, Drug, and Cosmetic Act ("Act"), 21 U.S.C. 301, et seq. Because its citizen petition to revoke regulations permitting Bisphenol A ("BPA") to be used as a food additive had been pending since October 21, 2008, the NRDC sought what amounted to be a writ of mandamus directing the FDA to issue a final decision on its petition. The court held that exclusive jurisdiction over citizen petitions was with the district court and accordingly, dismissed the petition.

Petitioner, Performance Coal Company, petitioned the Federal Mine Safety and Health Review Commission ("Commission") for temporary relief from restrictions imposed by the Mine Safety and Health Administration ("MSHA") after a coal mine disaster occurred on April 5, 2010. The Commission denied relief and petitioners appealed. At issue was whether section 105(b)(2) of the Federal Mine Safety and Health Act of 1977, 20 U.S.C. 815(b)(2), authorized temporary relief from section 103(k) orders. The court held that the plain language of section 105(b)(2) unambiguously provided that petitioner was entitled to seek temporary relief from modification or termination of any order, including a section 103 order. Accordingly, the court granted the petition for review and set aside the Commission's order denying relief.

The Chamber of Commerce and the National Automobile Dealers Association petitioned for review of a decision by the Environmental Protection Agency ("EPA") granting California a waiver from federal preemption under the Clean Air Act ("CAA"), 42 U.S.C. 7543(a). At issue was whether Article III of the Constitution granted the court jurisdiction to decide the case. The court dismissed the petition for review without reaching its merits and held that even if the EPA's decision to grant California a waiver for its emissions standards once posed an imminent threat of injury to petitioners, the agency's subsequent adoption of federal standards eliminated any independent threat that may have existed.