CITIZENS FOR A BETTER ENVIRONMENT v. GORSUCH

Nos. 82-1365 to 83-1368, 82-1673 to 82-1676 and 82-1770 to 82-1773.

718 F.2d 1117 (1983)

CITIZENS FOR A BETTER ENVIRONMENT, Dennis L. Adamczyk v. Anne GORSUCH, Administrator, U.S. Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. NATURAL RESOURCES DEFENSE COUNCIL, INC., v. James I. AGEE, In his Official Capacity as Assistant Administrator for Water and Hazardous Materials Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. NATURAL RESOURCES DEFENSE COUNCIL, INC., a Non-Profit New York Corporation, et al. v. Anne M. GORSUCH, as Administrator, Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. ENVIRONMENTAL DEFENSE FUND, INC., a Non-Profit New York Corporation, et al. v. Anne M. GORSUCH, as Administrator, Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. NATURAL RESOURCES DEFENSE COUNCIL, INC. a Non-Profit New York Corporation, et al. v. Anne M. GORSUCH, as Administrator, Environmental Protection Agency Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. NATURAL RESOURCES DEFENSE COUNCIL, INC. v. James I. AGEE, In his Official Capacity As Assistant Administrator for Water and Hazardous Materials Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. ENVIRONMENTAL DEFENSE FUND, INC., a Non-Profit New York Corporation, et al. v. Anne M. GORSUCH, as Administrator, Environmental Protection Agency Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. CITIZENS FOR A BETTER ENVIRONMENT, et al. v. Anne M. Gorsuch, Administrator, U.S. Environmental Protection Agency, et al. Appeal of AMERICAN IRON AND STEEL INSTITUTE, et al. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al. v. Anne M. GORSUCH, Administrator, Environmental Protection Agency, et al. Appeal of ALABAMA POWER COMPANY, et al. NATURAL RESOURCES DEFENSE COUNCIL, INC., et al. v. James I. AGEE, In His Official Capacity as Assistant Administrator For Water and Hazardous Materials Environmental Protection Agency, et al. Appeal of ALABAMA POWER COMPANY, et al. CITIZENS FOR A BETTER ENVIRONMENT, et al. v. Anne M. GORSUCH, Administrator, Environmental Protection Agency, et al. Appeal of ALABAMA POWER COMPANY, et al. ENVIRONMENTAL DEFENSE FUND, INC., a Non-Profit New York Corporation, et al. v. Anne M. GORSUCH, Administrator, Environmental Protection Agency, et al. Appeal of ALABAMA POWER COMPANY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 4, 1983.


Attorney(s) appearing for the Case

Charles F. Lettow, with whom Douglas E. Kliever, Michael A. Wiegard, Douglas E. McAllister, Richard E. Schwartz, Stark Ritchie, James K. Jackson, Arnold S. Block, Michael B. Barr and Scott Slaughter, Washington, D.C., were on brief, for appellants.

Barry S. Neuman, Atty., Dept. of Justice, with whom Peter R. Steenland, Jr., Nancy B. Firestone, Attys., Dept. of Justice, Michael Brown, Deputy Gen. Counsel, E.P.A., Bruce M. Diamond, Acting Associate Gen. Counsel, and Susan G. Lepow, Asst. Gen. Counsel, E.P.A., Washington, D.C., were on brief, for appellees, Anne M. Gorsuch, et al. Donald W. Stever, Atty., Dept. of Justice, Washington, D.C. also entered an appearance for appellees, Anne M. Gorsuch, et al.

Ronald J. Wilson, with whom J. Taylor Banks, Washington, D.C., was on brief, for appellees, Natural Resources Defense Council, Inc., et al.

William Scott Ferguson, Stamford Ct., entered an appearance for appellees, Olin Corp. in 82-1365 to 82-1368.

Before WILKEY and WALD, Circuit Judges, and BONSAL, Senior District Judge for the Southern District of New York.


Opinion for the Court filed by Senior District Judge BONSAL.

Dissenting opinion filed by Circuit Judge WILKEY.

BONSAL, Senior District Judge:

The intervenors in these consolidated cases, several corporations and trade associations (collectively "the Companies"),1 appeal from orders of the United States District Court, Flannery, J., (1) denying their motion to vacate or, alternatively...

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