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NATIONAL RECYCLING COALITION, INC. v. REILLY

No. 88-1511.

884 F.2d 1431 (1989)

NATIONAL RECYCLING COALITION, INC. and Environmental Defense Fund, Inc., Petitioners, v. William K. REILLY, Administrator, U.S. Environmental Protection Agency, Respondent, American Paper Institute, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1989.

Attorney(s) appearing for the Case

Karl S. Coplan, New York City, for petitioners. Michael Herz and Clifford P. Case, New York City, were on the brief for petitioners.

J. Steven Rogers, Atty., U.S. Dept. of Justice, with whom Donald A. Carr, Acting Asst. Atty. Gen., and Richard T. Witt, Atty., Washington, D.C., U.S.E.P.A., were on the brief, for respondent.

James R. Walpole, Washington, D.C., was on the brief for intervenor. Gregory D. Chafee, Washington, D.C., also entered an appearance for intervenor.

Before WALD, Chief Judge, and RUTH BADER GINSBURG and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

Opinion dissenting in part filed by Chief Judge WALD.

BUCKLEY, Circuit Judge:

At issue is a guideline governing federal purchases of recycled paper products that the Environmental Protection Agency promulgated pursuant to the Resource Conservation and Recovery Act. The Act requires procuring agencies to purchase products containing reclaimed materials but excepts from the purchase obligation certain...

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