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MOBIL OIL CORP. v. E.P.A.

No. 88-1788.

871 F.2d 149 (1989)

MOBIL OIL CORPORATION, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent, Hazardous Waste Treatment Council, Chemical Waste Management, Inc., Chemical Manufacturers Association and American Iron & Steel Institute, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

April 4, 1989.

Attorney(s) appearing for the Case

Karl S. Bourdeau and Harold Himmelman, Washington, D.C., were on the brief, for petitioner.

Daniel S. Goodman, Atty. Dept. of Justice, Donald A. Carr, Acting Asst. Atty. Gen., Dept. of Justice, and Steven E. Silverman, Atty., U.S.E.P.A., Washington, D.C., were on the brief, for respondent.

Roger J. Marzulla, Atty. Dept. of Justice, and Lawrence J. Jensen, Atty., U.S.E.P.A., Washington, D.C., also entered appearances for respondent.

David R. Case and Angus Macbeth, Washington, D.C., were on the joint brief, for intervenors Hazardous Waste Treatment Council and Chemical Waste Management, Inc.

John T. Smith II and David F. Zoll, Washington, D.C., were on the brief, for intervenor Chemical Mfr's Ass'n.

Steven F. Hirsch, Gary H. Baise and Barton C. Green, Washington, D.C., entered appearances, for intervenor American Iron & Steel Institute.

Before WALD, Chief Judge, and EDWARDS and RUTH BADER GINSBURG, Circuit Judges.

Opinion Per Curiam.

PER CURIAM:

Petitioner Mobil Oil Corporation ("Mobil") challenges the Environmental Protection Agency's ("EPA") new interpretation of § 3004(h)(4) of the Resource Conservation and Recovery Act ("RCRA" or "the Act"), 42 U.S.C. § 6924(h)(4). We conclude that the EPA's interpretation of this statutory provision represents a reasonable exercise of the agency's discretion. The petition for review is accordingly denied.

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