AMERICAN PETROLEUM INSTITUTE, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, Steel Manufacturers' Association [Formerly Steel Bar Mills & National Steel Producers Association], Intervenors.
AMERICAN PETROLEUM INSTITUTE, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, Intervenor.
HORSEHEAD RESOURCE DEVELOPMENT COMPANY, INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, American Mining Congress, Intervenors.
NATIONAL ASSOCIATION OF METAL FINISHERS, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, American Iron and Steel Institute, Intervenors.
NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and Lee Thomas, Administrator, Respondents,
American Iron and Steel Institute, American Mining Congress, The Dow Chemical Company, Mobil Oil Corporation, The Fertilizer Institute, American Petroleum Institute, Intervenors.
CHEMICAL WASTE MANAGEMENT, INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, The International Metals Reclamation Company, Inc., American Mining Congress, Intervenors.
HAZARDOUS WASTE TREATMENT COUNCIL, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Chemical Manufacturers Association, American Petroleum Institute, The Fertilizer Institute, Intervenors.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Hazardous Waste Treatment Council, Intervenor.
NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION, INC., and Waste Management of North America, Inc., Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Lee M. Thomas, Administrator, Respondents,
Hazardous Waste Treatment Council, Intervenor.
AMERICAN IRON AND STEEL INSTITUTE, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
AMERICAN IRON AND STEEL INSTITUTE, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
MONSANTO COMPANY, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
The DOW CHEMICAL COMPANY, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
AMERICAN MINING CONGRESS, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.
ROSS INCINERATION SERVICES, INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
American Iron and Steel Institute, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 20, 1990.
Decided June 26, 1990.
Attorney(s) appearing for the Case
Ralph J. Colleli, Jr., with whom G. William Frick, James K. Jackson, for American Petroleum Institute; Karl S. Bourdeau, Steven F. Hirsch and Barton C. Green, for American Iron and Steel Institute; John T. Smith, II, for Chemical Mfrs. Ass'n and National Ass'n of Metal Finishers were on the joint brief, for Industry petitioners in Nos. 88-1606, 88-1654, 88-1781, 89-1055, 89-1057, 89-1058, 89-1059. Thomas S. Llewellyn and James K. Jackson also entered appearances for American Petroleum Institute.
David R. Case, with whom Jane L. Bloom, Donald S. Strait and Jacqueline M. Warren, for Natural Resources Defense Council; J. Brian Molloy and Douglas H. Green, for Chemical Waste Management, Inc., were on the joint brief for petitioners, Natural Resources Defense Council, et al., in Nos. 88-1801, 89-1053, 89-1054. Joan Z. Bernstein also entered an appearance, for Chemical Waste Management, Inc.
David F. Zoll, Ronald A. Shipley and John T. Smith, II, for Chemical Mfrs. Ass'n; David R. Case, for Hazardous Waste Treatment Council were on the joint brief, for petitioners, The Chemical Mfrs. Ass'n, et al., in No. 89-1059.
Jeffrey O. Cerar and Ellen R. Hornstein entered appearances, for petitioner, Horsehead Resource Development Co., Inc., in No. 88-1763.
Angus MacBeth and Samuel I. Gutter entered appearances, for petitioners, National Solid Waste Management Ass'n, Inc. and Waste Management of North America, Inc., in No. 89-1056.
John T. Smith, II, also entered an appearance for petitioner, Monsanto Company in No. 89-1061.
Karl S. Bourdeau also entered an appearance, for petitioner, The Dow Chemical Co., in No. 89-1062.
John N. Hanson and Edward M. Green entered appearances, for petitioner, American Min. Congress, in No. 89-1063.
Richard D. Panza and Thomas A. Downie entered an appearance, for petitioner, Ross Incineration Services, Inc., in No. 89-1064.
Daniel S. Goodman, Atty., U.S. Dept. of Justice, and Steven E. Silverman, Atty., U.S. E.P.A., with whom Richard B. Stewart, Asst. Atty. Gen., Michael A. McCord, Atty., U.S. Dept. of Justice, and E. Donald Elliott, Gen. Counsel, U.S. E.P.A., were on the joint brief, for respondents in all cases. Lisa F. Ryan, Thomas R. Bartman and Roger J. Marzulla, Attys., U.S. Dept. of Justice, also entered appearances, for respondents.
Jeffrey O. Cerar, with whom John Moore, for Zinc Corp. of America and Horsehead Resources Development Co.; John N. Hanson, Donald J. Patterson, Jr., Edward M. Green and Roderick T. Dwyer, for American Min. Congress; Karl S. Bourdeau, Steven F. Hirsch and Barton C. Green, for American Iron and Steel Institute; John T. Smith, II, for Chemical Mfrs. Ass'n; Richard A. Flye and Gordon D. Quin, for The Fertilizer Institute; Neil J. King, for The Intern. Metals Reclamation Co., Inc., John L. Wittenborn and William Guerry, for Steel Mfrs' Ass'n, were on the joint brief, for Industry intervenors in Nos. 88-1606, 88-1763, 88-1781, 88-1801, 89-1053, 89-1054 and 89-1064. Gary H. Baise also entered an appearance, for American Iron and Steel Institute.
David R. Case was also on the brief, for intervenor, Hazardous Waste Treatment Council, in Nos. 88-1606, 88-1654, 88-1763, 88-1781, 89-1053, 89-1055 and 89-1056.
Harold Himmelman and Karl S. Bourdeau also entered appearances, for intervenor, Mobil Oil Corp., in No. 88-1801.
G. William Frick, James K. Jackson and Ralph J. Colleli, Jr., also entered appearances, for intervenor, American Petroleum Institute, in Nos. 88-1801 and 89-1054.
Before WALD, Chief Judge, and EDWARDS and RUTH BADER GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed PER CURIAM.
PER CURIAM:
These consolidated petitions for review challenge various aspects of a final Environmental Protection Agency ("EPA" or "agency") rule promulgated under the authority of the Resource Conservation and Recovery Act of 1976 ("RCRA") § 3004, 42 U.S.C. § 6924. The rule sets out land disposal prohibitions and treatment standards for "First-Third" scheduled wastes ("First-Third Rule"), 53 Fed.Reg. 31,138...
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