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McLOUTH STEEL PRODUCTS CORP. v. THOMAS

No. 87-1049.

838 F.2d 1317 (1988)

McLOUTH STEEL PRODUCTS CORPORATION, Petitioner, v. Lee M. THOMAS, Administrator, and U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1988.

As Amended February 10, 1988.

Attorney(s) appearing for the Case

Jay E. Brant, with whom William A. Wichers II, Detroit, Mich., and Peter D. Holmes, Lansing, Mich., were on the brief, for petitioner.

J. Carol Williams, Dept. of Justice, with whom Roger J. Marzulla, Acting Asst. Atty. Gen. and Robert L. Klarquist, Dept. of Justice, Washington, D.C., were on the brief for respondents. Lisa F. Ryan, Dept. of Justice, Washington, D.C., and Joshua Sarnoff, Counsel, U.S. E.P.A. also entered appearances for respondents.

David R. Case, Washington, D.C., was on the brief for amicus curiae, Hazardous Waste Treatment Council, urging affirmance.

Before WALD, Chief Judge, WILLIAMS, Circuit Judge, and HOGAN, District Judge.

Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

This case presents a challenge by McLouth Steel Products Corporation to the Environmental Protection Agency's denial of its petition to exclude waste generated at its steel-making facility from EPA's list of hazardous waste subject to regulation under the Resource Conservation and Recovery Act of 1976 ("RCRA"). 42 U.S.C. § 6901 ...

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