EAGLE-PICHER INDUSTRIES, INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents,
State of Maine, et al., State of New Jersey, et al., Commonwealth of Virginia, State of New Mexico, et al., St. Joe Minerals Corporation, Edison Electric Institute, et al., Intervenors.
UNITED NUCLEAR CORPORATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Edison Electric Institute, et al., Intervenors.
HOMESTAKE MINING COMPANY, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Edison Electric Institute, et al., Intervenors. (Two Cases)
COTTER CORPORATION, Petitioner,
v.
Lee M. THOMAS, et al., Respondents,
Edison Electric Institute, et al., Intervenors.
INMONT CORPORATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents.
VIRGINIA ELECTRIC AND POWER COMPANY, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents,
Edison Electric Institute, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 28, 1985.
Decided June 30, 1987.
Attorney(s) appearing for the Case
Richard A. Flye, with whom Christian Volz, Washington, D.C., was on the brief for petitioner, Eagle-Picher Industries, Inc., in No. 83-2259 and the joint brief for petitioners on Common Issues in Nos. 83-2259, et al.
G. Stanley Crout, with whom Michael S. Yesley, Santa Fe, N.M., and Peter J. Nickles, Washington, D.C., were on the brief for petitioner, United Nuclear Corp., in No. 83-2260 and the joint brief for petitioners on Common Issues in Nos. 83-2259, et al. G. Stanley Crout, Santa Fe, N.M., also entered an appearance for petitioner, Homestake Min. Co., in Nos. 83-2261 and 83-2262.
Ridgway M. Hall, Jr., Washington, D.C., for petitioner, Homestake Mining Company, in Nos. 83-2261 and 83-2262. Ridgway M. Hall, Washington, D.C., was also on the joint brief for petitioners on Common Issues in Nos. 83-2259, et al. and brief for petitioner, Homestake Min. Co., on Issues Specific to Whitewood Creek, S.D.
Daniel J. Dunn, with whom Edward J. McGrath, Denver, Colo., was on the joint brief on Common Issues for petitioner, Cotter Corp., in Nos. 83-2259, et al. Daniel J. Dunn and Edward J. McGrath, Denver, Colo., also entered appearances for petitioner, Cotter Corp., in No. 83-2263.
Daniel H. Squire, with whom David B. Weinberg, Washington, D.C., was on the brief for petitioner, Inmont Corp., in No. 83-2264 and intervenors, Edison Elec. Institute, et al. in Nos. 83-2259, 83-2260, 83-2261, 83-2262, 83-2263 and 83-2266.
William L. Rosbe, Richmond, Va., for petitioner, Virginia Elec. and Power Co., in No. 83-2266.
Samuel I. Gutter, Atty., E.P.A., Lawrence R. Liebesman and Michael W. Steinberg, Attys., Dept. of Justice, with whom Todd E. Gulick, Atty., and A. James Barnes, General Counsel, E.P.A. were on the brief, for respondents in Nos. 83-2259, et al., Washington, D.C., David T. Buente, Washington, D.C., entered an appearance for respondent, Dept. of Justice, in Nos. 83-2259, et al.
James T. Kilbreth, III, Washington, D.C., was on the brief for intervenors, State of Maine, et al., in No. 83-2259.
Patrick A. O'Hare, Richmond, Va., was on the brief for intervenor, Commonwealth of Virginia in No. 83-2259.
Charlotte Uram, Santa Fe, N.M., was on the brief for intervenors, State of New Mexico, et al., in No. 83-2259.
Everett B. Carson, Augusta, Me., was on the brief for Natural Resources Council of Maine, amicus curiae, urging dismissal in Nos. 83-2259, et al.
Mary C. Jacobson, Trenton, N.J., entered an appearance for intervenors, State of New Jersey, et al., in No. 83-2259.
Robert A. Emmett, Washington, D.C., was on the brief for intervenor, St. Joe Minerals Corp., in No. 83-2259.
Before ROBINSON, EDWARDS and STARR, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court PER CURIAM.
PER CURIAM:
The Comprehensive Environmental Response, Compensation, and Liability Act of 19801 ("CERCLA" or the "Act") directed the President to compile a list identifying top priorities among the nation's known hazardous waste sites.2 The President, in turn, delegated this responsibility to the Environmental Protection Agency ("EPA" or the "Agency").
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