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Ethyl Corp. v. Browner

Citations: 67 F.3d 941; 314 U.S. App. D.C. 247; 1995 WL 612905Docket: No. 94-1516

Court: Court of Appeals for the D.C. Circuit; October 20, 1995; Federal Appellate Court

Narrative Opinion Summary

The case involves Ethyl Corporation's legal challenge against the Environmental Protection Agency (EPA) regarding the registration and sale of Methylcyclopentadienyl Manganese Tricarbonyl (MMT), a fuel additive used in unleaded gasoline. Under the Clean Air Act, MMT's sale requires an EPA waiver, which was initially denied despite findings that MMT does not harm emissions control systems. Ethyl argued for a waiver granted nunc pro tunc, from November 30, 1993, to correct earlier errors. The court agreed, determining that the EPA's failure to grant the waiver was based on improper grounds, necessitating retroactive registration. As a result, Ethyl's MMT should be treated as registered under the Clean Air Act from that date, bypassing the new testing regulations implemented in 1994. The court's decision effectively reinstated MMT's registration, resolving the primary dispute without addressing other claims from Ethyl, which were deemed unripe or unnecessary. This ruling underscores the procedural obligations of the EPA under the Clean Air Act and the application of the nunc pro tunc doctrine to remedy agency errors, ensuring Ethyl's rightful economic position is restored.

Legal Issues Addressed

Clean Air Act Section 211 Waiver Requirements

Application: The EPA is required to grant a waiver if it determines that the fuel additive does not harm emissions control systems.

Reasoning: In a previous case (Ethyl Corp. v. EPA), the court mandated that the EPA grant the waiver once it found MMT did not harm emissions control systems.

EPA's Interpretation of Registration Process

Application: The court ruled that EPA's denial of registration due to lack of a waiver was incorrect, and MMT should be treated as registered from November 30, 1993.

Reasoning: The court determined that the EPA should have granted the waiver as of November 30, 1993, and thus treats the waiver as having been granted retroactively.

Nunc Pro Tunc Application

Application: The court applied the nunc pro tunc doctrine to retroactively grant the waiver to Ethyl, correcting the EPA's error.

Reasoning: The concept of nunc pro tunc, a retroactive application of a court order, is discussed as a means to correct agency errors and ensure fairness.

Registration of Fuel Additives

Application: For MMT to be lawfully sold, it must be registered under the Clean Air Act, a process that requires compliance with testing regulations unless previously registered.

Reasoning: However, for MMT to be lawfully sold, it must also be registered under a different section of the Clean Air Act.