42 CA 2026

The document is a legal brief submitted by Lisa Jackson, Administrator of the U.S. Environmental Protection Agency (EPA), in response to an appeal from Citizen Advocates for Regulation and the Environment, Inc. (CARE). The case revolves around CARE's petition for the EPA to act on its request regarding the hazardous waste program of New Union (NU). The brief argues that the district court has jurisdiction over CARE's claims under the Resource Conservation and Recovery Act (RCRA) and that RCRA's specific provisions preclude general jurisdiction under the Administrative Procedure Act (APA). It contends that EPA's inaction does not constitute final agency action and emphasizes that any decision should be remanded to EPA for further proceedings. The brief also defends NU's hazardous waste program as compliant with RCRA standards and discusses various ways EPA can address issues without withdrawing state program approval.