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NATIONAL TANK TRUCK CARRIERS, INC. v. U.S.E.P.A.

No. 89-1289.

907 F.2d 177 (1990)

NATIONAL TANK TRUCK CARRIERS, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and William K. Reilly, Administrator, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1990.

Attorney(s) appearing for the Case

Gary Letcher, Anchorage, Alaska, of the bar of the Supreme Court of Alaska, pro hac vice, by special leave of the Court, for petitioner. Timothy L. Harker, Washington, D.C., was on the brief for petitioner.

David J. Kaplan, Atty., Dept. of Justice, with whom Richard B. Stewart, Asst. Atty. Gen., and Eileen T. McDonough, Atty., Dept. of Justice, Michael S. Winer, Robert J. Martineau, Jr., Attys., E. Donald Elliott, Gen. Counsel, and Alan W. Eckert, Associate Gen. Counsel, E.P.A., were on the brief, for respondents.

Before SILBERMAN, WILLIAMS, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This is a petition for review of certain regulations issued by the Environmental Protection Agency ("EPA"). The regulations impose presumptive liability on tank-truck carriers of gasoline when the carriers transport gasoline that exceeds certain "volatility" levels. The tank-truck carriers ask us to find that the EPA acted arbitrarily and capriciously in promulgating these regulations...

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