CHEMICAL WASTE MANAGEMENT, INC., Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, American Mining Congress, American Iron and Steel Institute, The International Metals Reclamation Company, Inc., Intervenors.
HAZARDOUS WASTE TREATMENT COUNCIL, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Chemical Manufacturers Association, American Petroleum Institute, American Mining Congress, American Iron and Steel Institute, The International Metals Reclamation Company, Inc., Intervenors.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, Intervenor.
BROWNING-FERRIS INDUSTRIES, INC., Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION, INC. and Waste Management of North America, Inc., Petitioners,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Lee M. Thomas, Administrator, Respondents, Hazardous Waste Treatment Council, Intervenor.
AMERICAN IRON AND STEEL INSTITUTE, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
AMERICAN IRON AND STEEL INSTITUTE, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
AMERICAN WOOD PRESERVERS INSTITUTE, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
E.I. DU PONT DE NEMOURS & COMPANY, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, Intervenor.
MONSANTO COMPANY, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
The DOW CHEMICAL COMPANY, Petitioner
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent
AMERICAN MINING CONGRESS, Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent.
ROSS INCINERATION SERVICES, INC., Petitioner,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY, Respondent,
American Iron & Steel Institute, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 31, 1989.
Decided March 14, 1989.
As Amended April 21, 1989.
Attorney(s) appearing for the Case
Angus Macbeth and Richard A. Flye, with whom Lawrence S. Ebner and John C. Chambers, Jr., Washington, D.C., were on the brief, for petitioners.
J. Brian Molloy, Douglas H. Green and Joan Z. Bernstein, Washington, D.C., also entered appearances for petitioner in No. 88-1581.
David R. Case, Washington, D.C., also entered an appearance, for petitioner in No. 88-1578 and for intervenor, Hazardous Waste Treatment Council, in Nos. 88-1591, 88-1581, 88-1600, 88-1643.
John T. Smith II, Washington, D.C., also entered an appearance, for petitioner in Nos. 88-1591, 88-1643, 88-1607, 88-1721, and for intervenor Chemical Mfrs. Ass'n in No. 88-1578.
Kevin A. Gaynor, Washington, D.C., also entered an appearance, for petitioner in No. 88-1592.
Samuel I. Gutter, Washington, D.C., also entered an appearance, for petitioner in No. 88-1600.
Steven F. Hirsch and Barton C. Green, Washington, D.C., also entered appearances, for petitioner in Nos. 88-1604, 88-1665.
Karl S. Bourdeau also entered an appearance for petitioner in Nos. 88-1604, 88-1655 and 88-1735.
David F. Zoll, Washington, D.C., also entered an appearance, for petitioner in No. 88-1607 and for intervenor, Chemical Mfrs. Ass'n in No. 88-1578.
John N. Hanson and Edward M. Green, Washington, D.C., also entered appearances, for petitioner in No. 88-1736 and for intervenor American Mining Congress in No. 88-1581.
Richard D. Panza and Thomas A. Downie, Lorain, Ohio, also entered appearances, for petitioner in No. 88-1784.
Daniel S. Goodman, Atty., Dept. of Justice, with whom Roger J. Marzulla, Asst. Atty. Gen., Dept. of Justice, and Steven E. Silverman, Atty., U.S. E.P.A., Washington, D.C., were on the brief, for respondent.
Lisa F. Ryan, Atty., Dept. of Justice, Washington, D.C., also entered an appearance, for respondent in No. 88-1581.
Thomas R. Bartman, Atty., Dept. of Justice, Washington, D.C., also entered an appearance, for respondent in No. 88-1784.
G. William Frick, James Jackson, Washington, D.C., and Ralph J. Colleli, Jr. were on the brief, for intervenor American Petroleum Institute in No. 88-1578.
Neil J. King, Washington, D.C., and Raymond B. Ludwiszewski, Newington, Conn., entered appearances, for intervenor The Intern. Metals Reclamation Co., Inc. in Nos. 88-1581 and 88-1578.
Donald J. Patterson, Jr., Washington, D.C., and Roderick T. Dwyer entered appearances, for intervenor American Mining Congress in No. 88-1581.
Gary H. Baise, Karl S. Bourdeau and Steven F. Hirsch, Washington, D.C., entered appearances, for intervenor American Iron and Steel Institute in Nos. 88-1581, 88-1578 and 88-1784.
Before: WALD, Chief Judge and MIKVA, Circuit Judge, and REVERCOMB, District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge WALD.
WALD, Chief Judge:
Petitioners1 in this case challenge two regulatory provisions dealing with the treatment and disposal of hazardous waste established by the Environmental Protection Agency ("EPA" or "the agency") pursuant to the Resource Conservation and Recovery Act of 1976 ("RCRA" or "the Act"). The petitioners claim that the contested regulations are arbitrary and capricious...
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