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CHEMICAL WASTE MANAGEMENT, INC. v. U.S. E.P.A.

No. 88-1490.

873 F.2d 1477 (1989)

CHEMICAL WASTE MANAGEMENT, INC. and Waste Management of North America, Inc., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 1989.

Attorney(s) appearing for the Case

Daniel M. Darragh, of the bar of the State of New York, pro hac vice, by special leave of Court, for petitioners.

J. Brian Molloy and Joan Z. Bernstein, for petitioners.

William R. Weissman and Douglas H. Green, for intervenors Edison Elec. Institute, et al., were on the joint brief, for petitioners and intervenors.

Mark R. Haag, Attorney, Dept. of Justice, with whom Donald A. Carr, Acting Asst. Atty. Gen., Land and Natural Resources Div., Dept. of Justice, and Caroline H. Wehling, Attorney, U.S. E.P.A., were on the brief, for respondent.

Roger J. Marzulla, Attorney, Dept. of Justice, also entered an appearance, for respondent.

Before WALD, Chief Judge, and STARR and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Petitioners Chemical Waste Management, Inc. and Waste Management of North America seek review of Environmental Protection Agency regulations, 40 C.F. R. Part 24 (1988), that establish informal procedures for administrative hearings concerning the issuance of corrective action orders under § 3008(h) of the Resource Conservation and Recovery Act (RCRA), as modified...

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