ENVIRONMENTAL DEFENSE FUND, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents,
Aluminum Association, Incorporated, American Mining Congress, Idaho Mining Association, and Kennecott, Intervenors.
HAZARDOUS WASTE TREATMENT COUNCIL, Petitioner,
v.
ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents,
American Mining Congress, the Fertilizer Institute, and Aluminum Association, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 11, 1987.
Decided July 29, 1988.
As Modified on Denial of Rehearing August 23, 1988.
As Modified October 12, 1988.
Attorney(s) appearing for the Case
Robert V. Percival, Washington, D.C., for Environmental Defense Fund, and David R. Case, Washington, D.C., for Hazardous Waste Treatment Council, with whom Alan S. Miller, Washington, D.C., Debra Hirshkowitz (student counsel) and Jan Wagner (student counsel) were on the brief, for petitioners.
Margaret B. Silver, Atty., E.P.A., with whom Scott A. Schachter, Atty., Dept. of Justice and Roger J. Marzulla, Acting Asst. Atty. Gen., Washington, D.C., were on the brief, for respondents.
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; Alan S. Ward, Jeffrey S. Holik, Washington, D.C., for Aluminum Ass'n, Inc.; 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. William R. Baker, III and Adrienne S. Wieand, Washington, D.C., also entered appearances for intervenor Aluminum Association, Inc., in No. 86-1691.
Before MIKVA and BUCKLEY, Circuit Judges, and OBERDORFER, District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by District Judge OBERDORFER.
OBERDORFER, District Judge:
In these consolidated cases, petitioners Environmental Defense Fund ("EDF") and Hazardous Waste Treatment Council ("HWTC") seek review of a final decision by the Administrator of the Environmental Protection Agency ("EPA" or "the Agency") withdrawing a proposed reinterpretation of the mining waste exclusion contained in section 3001(b)(3)(A)(ii) of the Resource Conservation...
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