Northeast Maryland Waste Disposal Authority v. Environmental Protection Agency

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting EPA’s use of state emission levels for the same reason as in Sierra Club
• stating a final rule is a “logical outgrowth” of a proposed rule only if interested parties “ ‘should have anticipated’ that the change was possible, and thus reasonably should have filed their comments on the subject during the notice-and-comment period”
• comments filed in support of and in opposition to proposed distinction demonstrated that interested parties understood issues and stakes
• “For each pollutant, EPA calculated the MACT floor by averaging the most stringent 12% of state permit limits in each class.”
• “It is sufficient that an issue was raised by any commenter; the party petitioning for judicial review need not have done so itself.”
• “Agencies[] are free—indeed, they are encouraged—to modify proposed rules as a result of the comments they receive.”

Source: CourtListener parenthetical corpus (CC0).