ENVIRONMENTAL DEFENSE FUND, INC. v. GORSUCH

Nos. 81-2025, 81-2214 and 81-2295.

713 F.2d 802 (1983)

ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. Anne M. GORSUCH, Administrator, U.S. Environmental Protection Agency, Respondent, Edison Electric Institute, et al., Intervenors. ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. Anne M. GORSUCH, Administrator, U.S. Environmental Protection Agency, Respondent, Edison Electric Institute, et al., Intervenors. ENVIRONMENTAL DEFENSE FUND, INC., Appellant, Environmental Action, Inc. v. Gary M. DIETRICH, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 1983.


Attorney(s) appearing for the Case

Khristine L. Hall, with whom David J. Lennett, Washington, D.C., was on brief, for Environmental Defense Fund, Inc., petitioner/appellant.

Lee R. Tyner, Atty., Dept. of Justice, Washington, D.C., for E.P.A., respondents/appellees. Donald W. Stever, Jacques Gelin and Nancy S. Bryson, Attys., Dept. of Justice, Washington, D.C., and Mark Greenwood, Atty., E.P.A., were on brief, for E.P.A., respondent/appellee. Patrick J. Cafferty, Jr., and Donald W. Stever, Atty., Dept. of Justice, Washington, D.C., also entered appearances for E.P.A., respondent/appellee.

Toni K. Allen, William R. Weissman and Stanley M. Spracker, Washington, D.C., were on brief, for intervenors Edison Elec. Institute, et al., and appellees Central and South West Corp., et al. Thomas H. Truitt, Washington, D.C., also entered an appearance for intervenors Edison Elec. Institute, et al., and appellees Central and South West Corp., et al.

Before WILKEY and MIKVA, Circuit Judges, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.


Opinion for the Court filed by Senior Circuit Judge FAIRCHILD.

Dissenting opinion filed by Circuit Judge WILKEY.

FAIRCHILD, Senior Circuit Judge.

In each of these consolidated cases petitioner-appellant Environmental Defense Fund ("EDF") challenges the EPA Administrator's decision to defer processing operating permits for existing hazardous waste incinerators and storage impoundments under performance standards called for by the Resource Conservation...

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