HAZARDOUS WASTE TREATMENT COUNCIL
v.
Lee M. THOMAS, Administrator and U.S. Environmental Protection Agency.
CHEMICAL MANUFACTURERS ASSOCIATION
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY.
CHEMICAL WASTE MANAGEMENT, INC.
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY and Lee H. Thomas, Administrator.
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
David R. Case, with whom Ridgway M. Hall, Jr., Washington, D.C., was on the brief, for Hazardous Waste Treatment Council, petitioner in No. 87-1492 and intervenor in No. 87-1545 and No. 87-1546.
Mary Elizabeth Ward, Attorney, Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., and Steven E. Silverman, Attorney, E.P.A., and Lawrence Jensen, General Counsel, E.P.A., Washington, D.C., were on the brief, for respondents. Lisa F. Ryan, Washington, D.C., also entered an appearance for respondent.
William R. Weissman and Douglas H. Green, Washington, D.C., entered appearances for intervenor The Edison Elec. Institute, et al., in No. 87-1492 and No. 87-1545.
G. William Frick, Arnold S. Block, and Thomas S. Llewellyn, Washington, D.C., entered appearances for intervenor American Petroleum Institute.
John T. Smith II, Washington, D.C., entered an appearance for Chemical Mfrs. Ass'n, petitioner in No. 87-1545 and intervenor in No. 87-1492. David F. Zoll and Kenneth M. Kastner, Washington, D.C., entered appearances for Chemical Mfrs. Ass'n., intervenor in No. 87-1492.
Angus Macbeth and Monica Schwebs, Washington, D.C., entered appearances for Chemical Waste Management, Inc., petitioner in No. 87-1546.
Before WALD, Chief Judge, and SILBERMAN and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge D.H. GINSBURG.
Dissenting opinion filed by Chief Judge WALD.
D.H. GINSBURG, Circuit Judge:
The Hazardous Waste Treatment Council petitions for review of the so-called California List rule promulgated by the Environmental Protection Agency pursuant to § 3004(d) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901, et seq., as amended by the Hazardous and Solid Waste...
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