ENVIRONMENTAL DEFENSE FUND, INC. v. COSTLE

Nos. 79-1473 to 79-1476.

636 F.2d 1229 (1980)

ENVIRONMENTAL DEFENSE FUND, INC., a Nonprofit New York Corporation, et al. v. Douglas M. COSTLE, as Administrator, Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE et al. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al. v. Douglas M. COSTLE, as Administrator, Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE et al. NATURAL RESOURCES DEFENSE COUNCIL, INC. v. James I. AGEE, as Assistant Administrator for Water and Hazardous Materials, Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE et al. CITIZENS FOR A BETTER ENVIRONMENT and Dennis L. Adamczyk v. Douglas M. COSTLE, as Administrator, Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 1980.


Attorney(s) appearing for the Case

Richard E. Schwartz, with whom Thomas L. Anderson, Washington, D. C., was on the brief, for appellant American Iron and Steel Institute.

Charles F. Lettow, McLean, Va., for appellants Firestone Tire and Rubber Co. et al.

Douglas E. Kliever and Mary W. Ennis, Washington, D. C., were on the brief for appellants Union Carbide Corp. et al.

Jacqueline M. Warren, New York City, entered an appearance for appellees Environmental Defense Fund, Inc. et al.

James T. Banks, McLean, Va., with whom Ronald J. Wilson, Washington, D. C., was on the brief, for appellees Natural Resources Defense Counsel, Inc. et al.

Steven Schatzow, Deputy Associate Gen. Counsel, Environmental Protection Agency, Washington, D. C., with whom James W. Moorman, Asst. Atty. Gen., and Jacques B. Gelin and Michael A. McCord, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellee Environmental Protection Agency. E. J. Shawaker, Atty., Dept. of Justice, and Richard G. Stoll, Atty., Environmental Protection Agency, Washington, D. C., also entered appearances for appellee Environmental Protection Agency.

Before J. SKELLY WRIGHT, Chief Judge, and SWYGERT and ROBINSON, Circuit Judges.


Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

A group of companies, in the chemical, petroleum, rubber, and steel industries1 and an industry association2 (collectively "the Companies") appeal from a District Court order denying their motion to vacate a settlement agreement (the Agreement) previously adopted by the court,3 and...

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