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

Nos. 79-2299, 79-2452, 79-2455, 79-2476, 79-2477 and 79-2481.

673 F.2d 507 (1982)

CHEMICAL MANUFACTURERS ASSOCIATION, American Cyanamid Company, Allied Chemical Corporation, Stauffer Chemical Company, and Union Carbide Corporation, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. EDISON ELECTRIC INSTITUTE, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. AMERICAN MINING CONGRESS, et al., Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. MINING AND RECLAMATION COUNCIL OF AMERICA, INC., Petitioner, v. Douglas M. COSTLE, Administrator of the United States Environmental Protection Agency, Respondent. AMERICAN PETROLEUM INSTITUTE, et al., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Douglas M. Costle, Administrator, United States Environmental Protection Agency, Respondents. AMERICAN PAPER INSTITUTE and National Forest Products Association, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 1982.


Attorney(s) appearing for the Case

Frank H. Morison, John D. Fognani, Elizabeth Sharrer, Denver, Colo., R. Brooke Jackson, James R. Walpole and John D. Austin, Jr., Washington, D. C., were on the brief for American Mining Congress, et al., petitioners in No. 79-2455.

Alan B. Mollohan, J. Roy Spradley, Jr., Washington, D. C., Lawrence A. Demase, Edward S. Shipper, Jr., Pittsburgh, Pa., and R. Stuart Broom, Washington, D. C., were on the brief for Mining and Reclamation Council of America, Inc., petitioner in No. 79-2476.

Theodore L. Garrett and John T. Smith, II, Washington, D. C., entered appearances for Chemical Manufacturers Ass'n, et al., petitioners in No. 79-2299.

Thomas H. Truitt, Charles C. Abeles and William R. Weissman, Washington, D. C., entered appearances for Edison Institute, et al., petitioners in No. 79-2452.

John Quarles and Michael W. Steinberg, Washington, D. C., entered appearances for American Petroleum Institute, et al., petitioners in No. 79-2477.

Michael K. Glenn, Washington, D. C., entered an appearance for American Paper Institute, et al., petitioners in No. 79-2481.

Anthony Z. Roisman, Lee R. Tyner, Dept. of Justice, Mark A. Greenwood and Charles G. Field, Environmental Protection Agency, Washington, D. C., were on the brief for respondent.

Before ROBINSON, Chief Judge, WILKEY and EDWARDS, Circuit Judges.


Submitted Without Oral Argument.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

On 13 September 1979 the Environmental Protection Agency (EPA) issued its final Criteria for Classification of Solid Waste Disposal Facilities and Practices,1 pursuant to sections 1008(a)(3) and 4004(a) of the Resource Conservation and Recovery Act of 1976 (RCRA).2 At issue in this case...

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