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STATE OF N.C. ENV. POLICY INSTITUTE v. E.P.A.

No. 89-2097.

881 F.2d 1250 (1989)

The STATE OF NORTH CAROLINA, ENVIRONMENTAL POLICY INSTITUTE, and Conservation Council of North Carolina, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

June 8, 1989.

Attorney(s) appearing for the Case

Daniel Calvin Oakley, Asst. Atty. Gen., Daniel Francis McLawhorn, Herman Al Cole, Jr., Office of the Attorney General of North Carolina, Raleigh, N.C., for State of North Carolina.

Nancy R. Page, Rena Isadora Steinzor, Spiegel & McDiarmid, Washington, D.C., for Environmental Policy Institute.

John David Runkle, Chapel Hill, N.C., for The Conservation Council of North Carolina.

W. Christian Schumann, U.S. Department of Justice, Lands Division, Environmental Defense, Washington, D.C., Director, Environmental Protection Agency, Washington, D.C., Joshua B. Sarnoff, U.S. Environmental Protection Agency, Washington, D.C., Solid Waste and Emergency Response Div., Washington, D.C., Alvin Lenoir, U.S. Environmental Protection Agency, Environmental Protection Agency.

MEMORANDUM AND ORDER

PHILLIPS, Circuit Judge:

This case comes before me as a single circuit judge on a motion under Rule 18 of the Federal Rules of Appellate Procedure. Petitioners seek a temporary stay, pending review by this court, of proceedings now in progress before Administrative Law Judge Spencer T. Nissen. In response to a motion by petitioners, Judge Nissen had ordered disclosure of certain information by the Environmental Protection Agency (EPA...

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