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STATE OF COLO. v. U.S. DEPT. OF INTERIOR

Nos. 87-1265, 87-1266.

880 F.2d 481 (1989)

STATE OF COLORADO, Petitioner, v. UNITED STATES DEPARTMENT OF the INTERIOR, and Manuel Lujan, Jr., Secretary of the United States Department of the Interior, Chemical Manufacturers Association and American Petroleum Institute, Intervenors. NATIONAL WILDLIFE FEDERATION, Public Citizen, Inc., and Environmental Defense Fund, Petitioners, v. UNITED STATES DEPARTMENT OF the INTERIOR, Chemical Manufacturers Association and American Petroleum Institute, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 1989.

Attorney(s) appearing for the Case

Eric Glitzenstein and Erik D. Olson, with whom Duane Woodard, Atty. Gen., of the State of Colo., Michael R. Hope, Deputy Atty. Gen., James D. Ellman, Asst. Atty. Gen., Colorado Dept. of Law, and Michael Bean appeared on the brief, for respondents.

Margaret Kane Harrington, Attorney, with whom Roger J. Marzulla, Asst. Atty. Gen., Land and Natural Resources Div., U.S. Dept. of Justice, and Randall Luthi, Attorney, Office of the Sol., U.S. Dept. of the Interior, appeared on the brief, for respondents.

John A. Zackrison, with whom Susan M. O'Sullivan, David F. Zoll, Barbara A. Hindin, G. William Frick, and Catherine M. Eshelman appeared on a joint brief, for intervenors.

Before WALD, Chief Judge, and ROBINSON and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In these consolidated cases, the state of Colorado and three environmental groups petition this court for judicial review of the so-called "type A" rules promulgated by the Department of the Interior ("DOI") pursuant to section 301(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), as amended...

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