AMERICAN IRON AND STEEL INSTITUTE, United States Steel Corporation, National Steel Corporation, Republic Steel Corporation, Wheeling-Pittsburgh Steel Corporation, Inland Steel Company, Armco Steel Corporation, Jones & Laughlin Steel Corporation, Petitioners in No. 74-1640,
Bethlehem Steel Corporation, Interlake, Inc. and Allegheny Ludlum Industries, Inc., Petitioners in No. 74-1642,
Sharon Steel Corporation, the Babcock & Wilcox Company, Crucible Inc., Cyclops Corporation, Detroit Steel Corporation, Atlantic Steel Company, Lone Star Steel Company, Continental Copper & Steel Industries, Inc., the Timken Company, Shenango Incorporated, Petitioners in No. 74-1962,
Youngstown Sheet and Tube Company, Petitioner in No. 74-2006,
CF & I Steel Corporation, Petitioner in No. 74-2256,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 9, 1977.
Decided August 10, 1977.
Attorney(s) appearing for the Case
David McNeil Olds, Blair S. McMillin, Thomas C. Wettach, Thomas J. Duman, Reed, Smith, Shaw & McClay, David S. Watson, Peter G. Veeder, Frank J. Clements, Thorp, Reed & Armstrong, Pittsburgh, Pa., Max N. Edwards, Richard E. Schwartz, Collier, Shannon, Rill & Edwards, Washington, D. C., Richard E. Nolan, Henry H. Korn, Davis, Polk & Wardwell, New York City, K. Robert Conrad, Charles I. Bloom, Pepper, Hamilton & Scheetz, Philadelphia, Pa., David W. Furgason, William C. Robb, Welborn, Dufford, Cook & Brown, Denver, Colo., for petitioners in Nos. 74-1640, 74-1642, 74-1962, 74-2256.
H. Stephen Madsen, William W. Falsgraf, Baker, Hostetler & Patterson, Cleveland, Ohio, for petitioner in 74-2006.
Peter R. Taft, Asst. Atty. Gen., Raymond W. Mushal, Alfred T. Ghiorzi, Dept. of Justice, Washington, D. C., for respondent.
Before ADAMS, HUNTER and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ADAMS, Circuit Judge.
The EPA has moved this Court to recall the mandate and to amend the judgment in American Iron and Steel Institute v. EPA (AISI I),1 decided by us on November 7, 1975. Two primary issues must be considered in connection with such a request: first, whether—and, if so when—this Court has the power to reconsider and modify a...
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