Shell Oil Co. v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia Circuit
950 F.2d 741 (D.C. Cir. 1991)
Relevant factsFree
The EPA's (defendant) proposed rule would let generators test non-listed wastes against nine hazard characteristics to determine regulation, but its final rules instead adopted a broader "mixture rule" and "derived-from rule" presuming hazard status for any mixture or residue involving listed wastes, a fundamentally different regulatory approach never specifically proposed for comment; Shell Oil and others (plaintiffs) petitioned for review under the Administrative Procedure Act.
IssueFree
Whether, under administrative law, a federal agency must provide notice and an opportunity for comment on the regulatory system adopted in a final rule.