Does Confusion Reign at the Intersection of Environmental and Administrative Law?: Review of Interpretive Rules and Policy Statements Under Judicial Review Provisions Such as RCRA Section 7006(a)(1)

Abstract

Many environmental statutes, including the Resource Conservation and Recovery Act (RCRA), have specific judicial review provisions providing for review of agency actions in the D.C. Circuit. Confusion has mounted, however, as the Environmental Protection Agency (EPA), industry, and environmental interest groups have tried to interpret the exact circumstances under which review is available pursuant to these provisions. This confusion stems in part from the wide array of agency pronouncements, including interpretive rules, policy manuals, and guidance documents, which fall within the Administrative Procedure Act (APA) definition of a "rule." The article analyzes the D.C. Circuit's review of interpretive rules and policy statements, and attempts to discern a pattern that would provide guidance to interested parties seeking to comply with statutory review provisions like that in RCRA. The author calls on the D.C. Circuit to clarify the confusion surrounding its interpretation of judicial review provisions in environmental statutes.