HAZARDOUS WASTE TREATMENT COUNCIL, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Edison Electric Institute, et al., Chemical Manufacturers Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 22, 1989.
Decided September 15, 1989.
Attorney(s) appearing for the Case
Robert Timothy McCrum, with whom Jane L. Bloom, New York City, David R. Case, Donald S. Strait, and Ridgeway M. Hall, Jr., were on the brief, for petitioners Hazardous Waste Treatment Council and Natural Resources Defense Council.
John T. Smith, II, with whom David F. Zoll and Kenneth M. Kastner, Washington, D.C., were on the brief, for Chemical Mfrs. Ass'n, petitioner in No. 87-1016 and intervenor in Nos. 86-1657 and 86-1677.
Steven E. Silverman, Atty., E.P.A., with whom Roger J. Marzulla, Asst. Atty. Gen., Lisa F. Ryan and Mary Elizabeth Ward, Attys., Dept. of Justice, Washington, D.C., and Lawrence Jensen, Gen. Counsel, E.P.A., were on the brief, for respondent.
Angus Macbeth was on the brief for petitioner Chemical Waste Management, Inc., in No. 87-1459.
William R. Weissman and Douglas H. Green (for Edison Electric Institute, et al.) and G. William Frick and Thomas S. Llewellyn, Washington, D.C., (for American Petroleum Institute) were on the joint brief for intervenors.
Jacqueline M. Warren entered an appearance for petitioner Natural Resources Defense Council, Inc., in No. 86-1677.
Robert F. Van Voorhees and Mark B. Halverson, Washington, D.C., entered appearances for petitioner Chemetco, Inc., in No. 87-1057.
James K. Jackson, Washington, D.C., and Ralph J. Colleli, Jr., entered appearances for intervenor American Petroleum Institute in No. 86-1677. Arnold S. Block, Philadelphia, Pa., entered an appearance for intervenor American Petroleum Institute in Nos. 87-1016 and 87-1459.
Before WALD, Chief Judge, SILBERMAN and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM.
Opinion concurring in part and concurring in the result filed by Circuit Judge SILBERMAN.
PER CURIAM:
In 1984, Congress amended the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6921-6991 (1982 & Supp. IV 1986), to prohibit land disposal of certain hazardous solvents and wastes containing dioxins except in narrow circumstances to be defined by Environmental Protection Agency ("EPA") regulations. See
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