UNITED TECHNOLOGIES CORP. v. U.S.E.P.A.

Nos. 85-1654, 85-1655, 85-1658 to 85-1660 and 85-1662.

821 F.2d 714 (1987)

UNITED TECHNOLOGIES CORPORATION, Pratt & Whitney Group, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, American Petroleum Institute, American Iron and Steel Institute, Edison Electric Institute, et al., Chemical Manufacturers Association, Intervenors. ENVIRONMENTAL DEFENSE FUND, INC., et al., Petitioners, v. Lee M. THOMAS, Administrator and U.S. Environmental Protection Agency, Respondents, American Petroleum Institute, American Iron and Steel Institute, Edison Electric Institute, et al., Chemical Manufacturers Association, Intervenors. AMERICAN PETROLEUM INSTITUTE, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, Edison Electric Institute, American Iron and Steel Institute, Intervenors. AMERICAN IRON AND STEEL INSTITUTE, Petitioner, v. Lee M. THOMAS, Administrator and U.S. Environmental Protection Agency, et al., Respondents, American Petroleum Institute, Edison Electric Institute, Chemical Manufacturers Association, Intervenors. MOTOR VEHICLE MANUFACTURERS ASSOCIATION of the UNITED STATES, INC., Petitioner, v. Lee M. THOMAS, Administrator and U.S. Environmental Protection Agency, Respondents, American Petroleum Institute, American Iron and Steel Institute, Edison Electric Institute, et al., Chemical Manufacturers Association, Intervenors. EDISON ELECTRIC INSTITUTE, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent, American Petroleum Institute, American Iron and Steel Institute, Chemical Manufacturers Association, Delmarva Power and Light Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1987.


Attorney(s) appearing for the Case

James B. Atkin, San Francisco, Cal., with whom were Frederic D. Chanania and Arnold S. Block, Washington, D.C., for American Petroleum Institute, petitioner in No. 85-1658 and intervenor in Nos. 85-1654, 85-1655, 85-1659, 85-1660 and 85-1662.

Robert Wise and John W. Casey, for United Technologies Corp., Pratt & Whitney Group, petitioner in No. 85-1654.

Gary H. Baise, Karl S. Bourdeau and Paul E. Shorb, III, for American Iron and Steel Institute, petitioner in No. 85-1659 and intervenor in Nos. 85-1654, 85-1655, 85-1658, 85-1660 and 85-1662.

John T. Smith, II, David F. Zoll and Kenneth M. Kastner, for Chemical Mfrs. Ass'n, intervenor in Nos. 85-1654, 85-1655, 85-1659, 85-1660, 85-1662 were on the joint brief for petitioners and intervenors. Stark Ritchie and John B. Fahey also entered appearances.

William R. Weissman, Washington, D.C., with whom Charles C. Abeles and Douglas H. Green, were on brief, for Edison Elec. Institute, et al., petitioner in No. 85-1662 and intervenor in Nos. 85-1654, 85-1655, 85-1658, 85-1659 and 85-1660 and Delmarva Power and Light Company, intervenor in No. 85-1662. Sue M. Briggum also entered an appearance.

Robert V. Percival, Washington, D.C., with whom David G. Lennett, Jane L. Bloom and Donald Strait, were on brief, for Environmental Defense Fund, et al., petitioners in No. 85-1655.

Robert A. Fineman, Detroit, Mich., Joseph M. Polito and William H. Crabtree, were on brief, for Motor Vehicle Mfrs. Ass'n of the U.S., Inc., petitioner in No. 85-1660.

Michael A. McCord, Washington, D.C., Atty., Dept. of Justice and Christina Kaneen, Atty., E.P.A., of the Bar of the Supreme Court of Illinois, pro hac vice by special leave of the Court, with whom Mark A. Greenwood, Asst. Gen. Counsel and Barbara E. Pace, Atty., E.P.A., were on brief, for respondents in Nos. 85-1654, 85-1655, 85-1658, 85-1659, 85-1660 and 85-1662.

Before EDWARDS and STARR, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.


Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

These consolidated cases involve various challenges to a final rule promulgated by the Environmental Protection Agency ("EPA" or the "Agency") to conform its hazardous waste regulations to new statutory provisions enacted in the Hazardous and Solid Waste Amendments of 1984, Pub.L. No. 98-616, 98 Stat. 3221 (the "1984 Amendments"). The 1984 Amendments were enacted by Congress...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases