NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and William K. Reilly, Administrator, Respondents,
American Iron and Steel Institute, Rubicon Inc., E.I. du Pont de Nemours & Company, Inc., Texstor, Institute for Chemical Waste Management, American Petroleum Institute, Intervenors.
E.I. DU PONT DE NEMOURS & COMPANY, INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and William K. Reilly, Administrator, Respondents,
Natural Resources Defense Council, Inc., Intervenor.
RUBICON INC., Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Natural Resources Defense Council, Inc., Intervenor.
CHEMICAL MANUFACTURERS ASSOCIATION, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, and William K. Reilly, Administrator, Respondents,
Natural Resources Defense Council, Inc., Intervenor.
HAZARDOUS WASTE TREATMENT COUNCIL, Petitioner,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Chemical Manufacturers Association, Institute of Chemical Waste Management, Hazardous Waste Treatment Council, E.I. du Pont de Nemours & Company, Inc., Natural Resources Defense Council, Inc., American Iron and Steel Institute, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 1, 1990.
Decided June 29, 1990.
Order on Denial of Rehearing October 5, 1990.
Attorney(s) appearing for the Case
Robert F. Van Voorhees, with whom Barton D. Day, H. Derrick Peterson, and David F. Zoll, for Chemical Mfrs. Ass'n and E.I. du Pont de Nemours and Co., Inc., and Charles M. Lanier, for Rubicon Inc., were on the joint brief for petitioners in Nos. 88-1734, 88-1746 and 88-1754.
Stephen J. Ritchin, and David R. Case, with whom Jane L. Bloom, for Natural Resources Defense Council, Inc., et al., Allan Kanner, for OCAW International Local 4-620, Thomas Blessing, for TOCSIN, and William J. Guste, Jr., for Atty. Gen., State of La., were on the joint brief for petitioners Natural Resources Defense Council, Inc., et al., and Hazardous Waste Treatment Council in Nos. 88-1657 and 88-1758. Jacqueline M. Warren and Donald Strait entered appearances for petitioners Natural Resources Defense Council, Inc., et al., in Nos. 88-1657, 88-1758 and intervenor in Nos. 88-1734, 88-1746 and 88-1754.
Peter W. Colby, Attorney, Dept. of Justice, Nandan Kenkeremath, Attorney, E.P.A., with whom Richard B. Stewart, Asst. Atty. Gen., Dept. of Justice, were on the brief for respondents in Nos. 88-1657, 88-1734, 88-1746, 88-1754 and 88-1758. Roger J. Marzulla, Attorney, Dept. of Justice, and Steven Silverman, Attorney, E.P.A., also entered appearances for respondents.
Steven Schatzow, with whom Hunter L. Prillaman, for Institute for Chemical Waste Management, Karl S. Bourdeau, Gary H. Baise, Steven F. Hirsch and Barton C. Green for American Iron and Steel Institute, G. William Frick, Thomas S. Llewellyn and Ralph J. Colleli, Jr., for American Petroleum Institute, David F. Zoll, Robert F. Van Voorhees, Barton D. Day and H. Derrick Peterson, for Chemical Mfrs. Ass'n and E.I. du Pont de Nemours & Co., Inc. and Charles M. Lanier, for Rubicon Inc., were on the joint brief for intervenors, American Iron and Steel Institute, et al., in Nos. 88-1657 and 88-1758.
Jane L. Bloom and Steven J. Ritchin, for Natural Resources Defense Council, Inc., et al., David R. Case for Hazardous Waste Treatment Council, William J. Guste, Jr., for Atty. Gen., State of La., Allan Kanner, for OCAW International Local 4-620, and Thomas Blessing, for TOCSIN, were on the joint brief for intervenors, Natural Resource Defense Council, Inc., et al., in Nos. 88-1734, 88-1746 and 88-1754. Jacqueline M. Warren and Donald S. Strait also entered appearances for intervenors, Natural Resources Defense Council, Inc., et al.
Charles F. Lettow and Matthew D. Slater were on the brief for intervenor, Texstor, in No. 88-1657.
Before WALD, Chief Judge, and RUTH B. GINSBURG and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Order on Denial of Rehearing En Banc October 5, 1990.
Opinion for the Court filed PER CURIAM.
Opinion dissenting in part filed by Chief Judge WALD.
PER CURIAM:1
This case concerns the disposal of hazardous waste by "deep injection"; that is, the injection of hazardous waste into "wells" located thousands of feet beneath the surface of the earth. The Environmental Protection Agency ("EPA") has issued regulations...
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