CHEMICAL MFRS. ASS'N v. U.S. E.P.A.

Nos. 86-1433, 86-1434 and 89-1686.

919 F.2d 158 (1990)

CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent. UNION CARBIDE CHEMICALS AND PLASTICS COMPANY, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent (Two Cases).

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 1990.


Attorney(s) appearing for the Case

Carole Stern, with whom Richard A. Flye, Washington, D.C., was on the brief, for petitioner, Union Carbide Chemicals and Plastics Co., Inc., in Nos. 86-1434 and 89-1686, and intervenor in No. 86-1433. Christian Volz, San Francisco, Cal., and Peter L. Gray, Washington, D.C., also entered appearances for petitioner.

John T. Smith, II, David F. Zoll and Kenneth M. Kastner, Washington, D.C., entered appearances for petitioner, Chemical Mfrs. Ass'n, in No. 86-1433.

W. Christian Schumann, Atty., U.S. Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., Steven E. Silverman, Acting Asst. Gen. Counsel and Lee R. Tyner, Atty., U.S. E.P.A., were on the brief, for respondent in Nos. 86-1433, 86-1434 and 89-1686. Dov Weitman, Atty., U.S. E.P.A., Bradley S. Bridgewater and Eileen T. McDonough, Attys., U.S. Dept. of Justice, also entered appearances for respondent.

Before WALD, Chief Judge, MIKVA and RUTH B. GINSBURG, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

Petitioner Union Carbide Chemicals and Plastics Company, Inc. ("Union Carbide")1 challenges certain aspects of two sets of regulations governing the time for closure of hazardous waste facilities promulgated by the Environmental Protection Agency ("EPA") pursuant to its authority under § 3004(a) of the Resource Conservation...

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