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STATE OF ALA. EX REL. SIEGELMAN v. U.S.E.P.A.

No. 88-7523.

911 F.2d 499 (1990)

STATE OF ALABAMA, ex rel. Don SIEGELMAN, Attorney General, Alabamians For a Clean Environment, Sierra Club-Alabama Chapter, Alabama Conservancy and Greenpeace, U.S.A., Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Lee Thomas, in his official capacity as Administrator of the Environmental Protection Agency, Respondents, Chemical Waste Management, Inc., Intervenor.

United States Court of Appeals, Eleventh Circuit.

August 23, 1990.

Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., C. Dean Monroe, III, Asst. Atty. Gen., Montgomery, Ala., for petitioner.

Gary Davis, Knoxville, Tenn., for Alabamians for a Clean Environment, et al.

W. Christian Schumann, U.S. Dept. of Justice, Fredric D. Chanania, U.S.E.P.A., Office of Gen. Counsel, Washington, D.C., Elizabeth Osheim, Philip G. Mancusi-Ungaro, U.S.E.P.A., Region IV, Hazardous Waste Law Branch, Atlanta, Ga., for U.S.E.P.A.

J. Brian Molloy and Mary F. Edgar, Piper & Marbury, Washington, D.C., Fournier J. Gale, III, Jarred O. Taylor, II, Maynard Cooper, Frierson & Gale, Birmingham, Ala., for Chemical Waste Management, Inc.

Before EDMONDSON, Circuit Judge, HILL and HENDERSON, Senior Circuit Judges.

EDMONDSON, Circuit Judge:

Pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901-6992k (1982 & Supp. V 1987) ("RCRA"), the Environmental Protection Agency ("EPA") issued a final operating permit for the nation's largest hazardous waste management facility, located at Emelle, Alabama. We are asked to decide whether EPA's procedures in issuing the permit were sufficient to exempt EPA from performing an environmental impact study...

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