HEMPSTEAD CTY. & NEVADA CTY. PROJECT v. U.S.E.P.A.

No. 81-1950.

700 F.2d 459 (1983)

HEMPSTEAD COUNTY AND NEVADA COUNTY PROJECT: Landfill Committee, a non-profit association; Bill Butler, individually and as Mayor of the City of Hope, Arkansas; Hempstead County, Arkansas; Nevada County, Arkansas; The City of Hope, Arkansas; The City of Prescott, Arkansas; and James Dickerson, an individual, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Delta Specialty, Inc., Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1983.


Attorney(s) appearing for the Case

Vincent Foster, Jr., Carol S. Arnold, Rose Law Firm, Little Rock, Ark., and Randall Wright, Graves & Graves, Hope, Ark., for petitioners.

Charles R. Nestrud, House, Holmes & Jewell, P.A., Little Rock, Ark., for intervenor-respondent.

Carol E. Dinkins, Asst. Atty. Gen., Land & Natural Resources Div., Jose R. Allen, Lee R. Tyner, Attys., Dept. of Justice, Washington, D.C., Dorothy A. Darrah, Atty., U.S.E.P.A., Washington, D.C., Elizabeth Osheim, Atty., U.S.E.P.A., Dallas, Tex., for respondent; Robert M. Perry, Gen. Counsel, Lisa K. Friedman, Asst. Gen. Counsel, U.S.E.P.A., Washington, D.C., of counsel.

Before ROSS and FAGG, Circuit Judges, and SCHATZ, District Judge.


SCHATZ, District Judge.

Certain residents, three municipalities,1 and two counties in southwest Arkansas (petitioners) have petitioned this Court to review an action taken by an Acting Regional Administrator of the Environmental Protection Agency (EPA). The EPA, respondent in this action, issued an advisory opinion pursuant to the Resource Conservation and Recovery Act of 1976 (RCRA). The advisory opinion letter enabled Delta Specialty...

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