Waterkeeper All. v. EPA

摘要

Rule issued by Environmental Protection Agency exempting all farms from reporting requirements of Comprehensive Environmental Response, Compensation, and Liability Act, and all farms except concentrated animal feeding operations from reporting requirements of Emergency Planning and Community Right-to-Know Act is vacated, because: (1) CERCLA provides appeals court with exclusive jurisdiction to review CERCLA rules and court may assert jurisdiction over rule with multiple statutory bases. (2)environmental group established informational standing to challenge rule, (3)unrelated exemptions and exemptions authorizing EPA to set reportable thresholds do not create ambiguity as to acts' requirements to report releases above threshold limits, and (4) record suggests real benefits that further regulatory purposes from application of literal terms of acts' requirements and rule cannot be justified under de minimis doctrine.