Sierra Club v. United States Environmental Protection Agency

This case involves the authority of the Environmental Protection Agency (“EPA”) to promulgate a final rule which allows for the importation of polychlorinated biphenyls (PCBs) into the United States for purposes of disposal. The principal issue in this case is whether EPA’s rule allowing importation of PCBs for disposal violates the statutory prohibitions concerning PCBs contained in section 6(e)(3)(A)(i) of the Toxic Substances Control Act (TSCA), 15 U.S.C. §§ 2601-2618 (1982 & Supp.1997). We also consider whether the petitioner is required, under Fed. R.App. Pro. 15(c), to serve notice of its petition for review on all of the commenters and witnesses of the informal rulemaking proceeding that preceded the promulgation of EPA’s rule. We hold that the notice requirements were met and that the rule violates the statute.

I. FACTS AND PRIOR PROCEEDINGS

Section § 6(e) of TSCA takes a comprehensive approach to regulating PCBs. The statute prohibits the manufacture, processing, and distribution in commerce of PCBs. 15 U.S.C. § 2605 (e)(3)(A)-(B). An exception to this broad ban exists in the statute, allowing the EPA Administrator to grant an exemption on an individual petition basis,…