ENVIRONMENTAL DEFENSE FUND v. U.S.E.P.A.

No. 86-1528.

852 F.2d 1309 (1988)

ENVIRONMENTAL DEFENSE FUND, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents, American Mining Congress, Idaho Mining Association, Kennecott, The Fertilizer Institute, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 1988.


Attorney(s) appearing for the Case

Robert V. Percival, with whom, Alan S. Miller, Washington, D.C., Debra Hirshkowitz, (student counsel) and Jan Wagner (student counsel), were on the brief, for petitioner.

Scott A. Schachter, Atty., Dept. of Justice, with whom, Roger J. Marzulla, Acting Asst. Atty. Gen. and Margaret B. Silver, Atty., E.P.A., Washington, D.C., were on the brief, for respondent.

John N. Hanson, with whom, Donald J. Patterson, Jr., Edward M. Green, Washington, D.C., Roderick T. Dwyer for American Mining Congress; Richard A. Flye, Christian Volz, Carole Stern, Washington, D.C., for the Fertilizer Institute; Alfred V.J. Prather, Kurt E. Blase, Washington, D.C., for Kennecott and Robert M. Tyler, Jr., Boise, Idaho, for Idaho Mining Ass'n were on the joint brief for intervenors, American Mining Congress, et al. Kaye L. O'Riordan, Boise, Idaho, also entered an appearance for intervenor, Idaho Mining Ass'n.

Before MIKVA and SILBERMAN, Circuit Judges, and OBERDORFER, District Judge.


Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The Environmental Defense Fund ("EDF") challenges the decision by the Administrator of the Environmental Protection Agency ("EPA" or "the agency") to regulate wastes from the extraction and beneficiation stages of mining under Subtitle D rather than under the stricter standards of Subtitle C of the Resource Conservation and Recovery Act of...

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