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PETRO-CHEM PROCESSING, INC. v. E.P.A.

Nos. 87-1487, 87-1548 and 88-1177.

866 F.2d 433 (1989)

PETRO-CHEM PROCESSING, INC., Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent. HAZARDOUS WASTE TREATMENT COUNCIL, Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Argued November 1, 1988.

Decided January 13, 1989.

Attorney(s) appearing for the Case

Ridgway M. Hall, Jr. and Richard G. Stoll, with whom Barbara A. Myers and R. Timothy McCrum were on the joint brief for the petitioners in Nos. 87-1487 and 87-1548. David B. Graham, Washington, D.C., also entered an appearance for petitioner in No. 87-1487.

David R. Case, for petitioner in No. 88-1177.

Scott A. Schachter, Atty., Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., Dept. of Justice, and Caroline H. Wehling, Atty., E.P.A., were on the brief, for respondent in Nos. 87-1487 and 87-1548.

Lisa F. Ryan, Atty., Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., Dept. of Justice, Lawrence Jensen, General Counsel, Frederic D. Chanania, Washington, D.C., and Nandan Kenkeremath, Attys., E.P.A., were on the brief, for respondent in No. 88-1177.

Charles F. Lettow, McLean, Va., Matthew D. Slater, Washington, D.C., and R. Kinnon Goleman, were on the brief for amicus curiae, urging dismissal of petition in No. 88-1177.

Before RUTH BADER GINSBURG, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Nos. 87-1487, 87-1548 Argued October 31, 1988.

No. 88-1177 Argued November 1, 1988.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

Petitioners Hazardous Waste Treatment Council (HWTC) and Petro-Chem Processing, Inc., in Nos. 87-1847 and 87-1548, challenge an Environmental Protection Agency (EPA or Agency) time-extension decision; the challenged decision enlarged by more than three years...

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