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STATE OF OHIO v. U.S. E.P.A.

Nos. 86-1096, 86-1116 to 86-1123.

838 F.2d 1325 (1988)

STATE OF OHIO, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents. STATE OF COLORADO, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents, Gulf + Western Industries, Inc., Intervenor. CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner, v. Lee M. THOMAS, Administrator of the U.S. Environmental Protection Agency, Respondent. SCA SERVICES OF INDIANA, INC., Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. CPC INTERNATIONAL INC., et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. EDISON ELECTRIC INSTITUTE, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. AMERICAN INSURANCE ASSOCIATION, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. UNITED TECHNOLOGIES CORPORATION, Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent. ASARCO, INC., Petitioner, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1988.

Attorney(s) appearing for the Case

John C. Martin, with whom Timothy A. Vanderver, Jr., Washington, D.C., was on the brief, for petitioner, United Technologies Corporation, arguing only on two "non-negotiable" issues.

Elizabeth Ann Peterson, Dept. of Justice, with whom Roger J. Marzulla, Acting Asst. Atty. Gen., and Edward J. Shawaker and Susan L. Smith, Dept. of Justice, Washington, D.C., were on the brief, for respondent, E.P.A., arguing only on two "non-negotiable" issues. Carl Strass, Department of Justice, Washington, D.C., also entered an appearance for respondent, E.P.A.

Before WALD, Chief Judge, SENTELLE, Circuit Judge, and GIBSON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner United Technologies Corporation (UTC) challenges rules promulgated by the Environmental Protection Agency (EPA) relating to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601-9657 (1982 & Supp. III 1985), before its amendment by the Superfund Amendments and Reauthorization Act of 1986, Pub.L. No...

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