10th Circuit Rules Against Magnesium Producer on Waste Disposal

DENVER - A federal circuit court rejected a magnesium producer's reliance on an interim interpretation by the U.S. Environmental Protection Agency to avoid strict hazardous waste disposal regulations for chlorine and other waste products and said the EPA is free to change its interpretation without notice or comment. United States v. Magnesium Corporation of America, et al., No. 08-4185 (10th Cir.).

In a published opinion, the 10th Circuit Court of Appeals on Aug. 17 vacated a lower court judgment that five types of waste products produced by U.S. Magnesium in its processing of magnesium are exempt from Subtitle C of …