AMERICAN MINING CONGRESS and Engelhard Corporation, Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Edison Electric Institute, et al., American Paper Institute, et al., Hazardous Waste Treatment Council, Intervenors.
AMERICAN PETROLEUM INSTITUTE, Petitioner
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondent,
Edison Electric Institute, et al., American Paper Institute, et al., Hazardous Waste Treatment Council, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 14, 1986.
Decided July 31, 1987.
Attorney(s) appearing for the Case
John D. Fognani, with whom Lynn G. Guissinger, Denver, Colo., James R. Walpole and John D. Austin, Jr., Washington, D.C., were on the brief, for petitioners, American Min. Congress, et al. in No. 85-1206. Larry A. Boggs, Washington, D.C., entered an appearance for petitioners in No. 85-1206.
Stark Ritchie, with whom Stephen E. Williams, James B. Atkin, Arnold S. Block and George William Frick, Washington, D.C., for petitioner, American Petroleum Institute in No. 85-1208.
George B. Henderson, II, Atty., Dept. of Justice, with whom Margaret N. Strand, Chief, Environmental Defense Section, Dept. of Justice, Francis S. Blake, General Counsel and Steven E. Silverman, Atty., E.P.A., Washington, D.C., were on the brief, for respondent in Nos. 85-1206 and 85-1208.
David R. Case, with whom Ridgway M. Hall, Jr., Washington, D.C., was on the brief, for intervenor, Hazardous Waste Treatment Council in Nos. 85-1206 and 85-1208. William Want and Nancy S. Bryson, Washington, D.C., entered appearances for intervenor.
William R. Weissman, Washington, D.C., entered an appearance for intervenors, Edison Elec. Institute, et al., in Nos. 85-1206 and 85-1208.
David J. Greenwald, III entered an appearance for intervenors, American Paper Institute, et al., in Nos. 85-1206 and 85-1208.
Before STARR and MIKVA, Circuit Judges, and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
Dissenting opinion filed by Circuit Judge MIKVA.
STARR, Circuit Judge:
These consolidated cases arise out of EPA's regulation of hazardous wastes under the Resource Conservation and Recovery Act of 1976 ("RCRA"), as amended, 42 U.S.C. §§ 6901-6933 (1982 & Supp. III 1985). Petitioners, trade associations representing mining and oil refining interests, challenge regulations promulgated...
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